We operate the website https://www.beatmachine.co.uk (the 'Site'), as well as any
other related products and services that refer or link to these legal terms (the 'Legal
Terms') (collectively, the 'Services').
Beat Machine provides quality VST instruments and sample packs at prices that
anyone can afford. It is part of Beat Machine's ethos to keep content high but prices
as low as possible.
You can contact us by email at [email protected].
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ('you'), and Beat Machine, concerning
your access to and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to
these Legal Terms from time to time. We will alert you about any changes by
updating the 'Last updated' date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the changes in any
revised Legal Terms by your continued use of the Services after the date such
revised Legal Terms are posted.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of the Services; (2) breach of these Legal Terms; (3) any breach of your
representations and warranties set forth in these Legal Terms; (4) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defence and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense, with
our defence of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
The information provided when using the Services is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use the Services. You may not use the Services in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
COMMUNITY GUIDELINES
If you are browsing the Beat Machine website or have watch one of the many demos
by Beat Machine on YouTube, you have something good in common with us. We
both love the same great music. Steve Franklin initially produced the VSTs for his
own music production but felt compelled to share his sound library with similar
producers. This benefits everyone. All we ask at Beat Machine is that you as a
customer & friend to Beat Machine, respects the basic principles. In return for
supporting Beat Machine, we aim to respond to every email within 24 hours. All
emails MUST be courteous. Treat us with respect and we shall return that respect ten
fold. This also goes for comments left on the YouTube channel. Enjoy your music and
more so, enjoy making it.
Beat Machine.
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the 'Content'), as
well as the trademarks, service marks, and logos contained therein (the 'Marks'). We do not own or make any claims to artist names, songs or lyrics. Songs may be performed for demonstration purposes and any copyright monetizing by YouTube will go to the respected owners & songwriters.
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Services and/or the Content
contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or
harm another person.
Make improper use of our support services or submit false reports of abuse or
misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance
of the Services.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of
another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ('gifs'), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Services.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorised script or other
software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or
under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavour or
commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
Repack, resample, resell or distribute any sample pack or VST instrument
created by Beat Machine.
The Services may contain (or you may be sent via the Site) links to other websites
('Third-Party Websites') as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content
or items belonging to or originating from third parties ('Third-Party Content'). Such
Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any
Third-Party Content posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Services and access the Third-Party Websites or to
use or install any Third-Party Content, you do so at your own risk, and you should be
aware these Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website to which
you navigate from the Services or relating to any applications you use or install from
the Services. Any purchases you make through Third-Party Websites will be through
other websites and from other companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us blameless from any
harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating
to or resulting in any way from any Third-Party Content or any contact with Third-
Party Websites.
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We also reserve the right to
modify or discontinue all or part of the Services without notice at any time. We will not
be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
UPDATES VS UPGRADES
An 'update' is a bug fix or an update from VST2 to VST3. An 'upgrade' is a significant change to the content or the GUI. Updates are free whereas upgrades are not.
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