Legal

UpstageBeats Terms

1. Please Read

Please read these terms carefully as they set out the terms of use of the UpstageBeats website, associated websites and platforms and the terms on which we provide our services and access to any features. Use of our website includes accessing, browsing, or purchasing files from our site.

We may change these terms so please check from time to time to take note of any changes.

By using our website or services you are deemed to agree to these terms. If you do not agree to any part of these terms you must not use our website or services.

2. About Us

This website and associated services are provided by UpstageBeats, a company located in Richmond, BC. We can be contacted at the following email address upstage.beats@gmail.com

General Terms Of UpstageBeats Website Use

3. Content on Our Website

Access to our website is granted free of charge and on a temporary basis.

We do not guarantee that our website or any part of it will always be available or be uninterrupted. We may suspend or change any part of our website without notice and we will not be liable if our website is unavailable.

You are responsible for arranging your own access to the website and any service provider charges that may be incurred.

We will update our website from time to time but please note that any of the content may be out of date and you should not rely on it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

You may link to our website but only in a way that is fair and legal and does not damage our reputation or take advantage of it.

4. Viruses

You must not misuse our website or services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website or services, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

It is important that you protect your device from viruses and malware. We will not accept responsibility for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material on or downloaded from our website, or on any website linked to it.

5. Complaints

Should you have any issues with our website or service please contact upstage.beats@gmail.com

Buying Beats On UpstageBeats

6. Conditions Of Sale

Compositions and recordings (Beats) are made available by third parties (Producers) through our platforms. UpstageBeats requires all Producers to confirm that the Producer’s Beats do not infringe any third party rights and that they have the necessary permissions to make the Beats available and grant ongoing rights to purchasers.

UpstageBeats provide a platform for the Producers to sell their Beats. As a purchaser, your contractual relationship relating to Beats is with the licensor or seller of Beats and not with UpstageBeats.

When you purchase Beats, it will be under the conditions and limitations of the license terms stipulated by the website. These terms will be presented prior to completing the purchase of a Beat. If you do not agree to those license terms, you must not purchase that Beat. Any exploitation of Beats by a purchaser which is outside of the Producer’s license terms will be a potential breach of contract and a potential breach of intellectual property rights, for which you will be liable.

7. Purchaser obligations

We wish to promote an environment where people can share their music and be properly remunerated for their work. By accessing our website, you agree that you shall not breach another party’s intellectual property rights and that you will adhere to the terms of any license agreement.

In the event that in our reasonable belief a party breaches these terms, any Producer license terms or infringes ours or a Producer’s intellectual property rights we reserve the right (without limiting any other rights and remedies) to immediately terminate or suspend your account and share your account details (including personal information) with the relevant rights holder or authorities.

You shall indemnify us against any and all direct and indirect claims, losses, damages, costs and liabilities arising out of any infringement by you or permitted by of a Producer’s rights.

8. Lease Information

You will receive an MP3 or WAV file (depending on your purchase) and a download for the song file will be delivered within 24 hours. You have full rights to record, alter, mix the beat/song in any shape, way, or form except for reselling the beat. In the event of someone purchasing exclusive rights to the beat you have leased, your lease will remain intact and the beat is still yours to use. Credits must be given to the beat producer on the track unless terms are otherwise discussed with the seller. The seller still owns the beat(s) and the seller is able to resell the beat(s) to any other party until exclusive rights have been purchased.

General Terms

9. Liability

If we do not comply with these terms, we shall be responsible for any loss or damage which could obviously be foreseen at the time we provide our services. All other liability is excluded. Nothing in these terms affects your statutory rights.

We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude any liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, fraudulent behaviour or for breach of your legal rights in relation to the products. Where it is not possible to exclude liability, our aggregate liability to you shall be $100 (one-hundred Canadian dollars).

10. Miscellaneous

We shall be permitted transfer our rights and obligations under these terms to another party.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

No third party shall have any rights under these terms.

Where any of these provisions are found to be unlawful it shall, where possible, be construed to give a lawful meaning and where not possible it shall be deemed severed from these terms. The remainder of these terms shall remain in full force and effect.

Any delay in enforcing our rights or bringing an action against you shall not be a waiver of our rights. Even if we delay in enforcing this contract, we can still enforce it later.

If you are a business, you irrevocably agree that the Supreme Court of British Columbia in Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims), however, nothing in these terms shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking by us of proceedings in any one or more jurisdictions preclude the taking by us of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

11. Cookies

Our website uses cookies to improve your experience on our platform by keeping your cart intact upon closing of our page in case of accidental closure.

A cookie is a small file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser on your device when you visit a website. The identifier is then sent back to the server each time the browser requests a page from the server. The cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies help us provide you with a better website by tailoring the website operations to your needs and to respond to you as an individual user such as identifying which pages you find useful and which you do not.

Such a cookie in no way gives us or our partner sites access to your computer or any information about you, other than the data you choose to share with us, however do note that personal information that you do share with us may be linked to the information stored in and obtained from cookies.

Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Privacy Policy

Last updated: August 12, 2020

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Generator.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Upstage Beats, 9611 Bissett Place.

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Country refers to: British Columbia, Canada

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Personal Data is any information that relates to an identified or identifiable individual.

• Service refers to the Website.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Website refers to Upstage Beats, accessible from www.upstagebeats.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.

We use both session and persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

  Type: Session Cookies

  Administered by: Us

  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: upstage.beats@gmail.com