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BeatStars Promote Terms of Service

BeatStars Promote Terms of Service

The following terms apply to your use of BeatStars Promote for the creation, submission, delivery, or purchase of any advertising, promotion, marketing or other commercial or sponsored activity or content (collectively referred to hereinafter as the “Campaign(s)”) on the BeatStars Platform.

  1. When you create a Campaign, you will tell us what you want to promote. You will have the option to promote a Track, an Album, or your Profile.
  2. Then you will be able to set the duration and budget for a Campaign in order to determine how long you want the Campaign to run and how much you want the Campaign to cost.
  3. If your payment and Campaign is accepted, we will use reasonable efforts to deliver your Campaign as inventory becomes available. Delivery shall also be subject to the availability of your budget.
  4. Please note that we cannot guarantee in every instance that your Campaign will reach its intended target, achieve the outcome you select, or not be affected by forces beyond the control of BeatStars.
  5. Your Campaign must comply with all applicable laws, regulations, and guidelines, as well as the BeatStars Terms of Service. Failure to comply may result in a variety of consequences, including the cancellation of your Campaign with no refund and termination of your BeatStars Account.
  6. BeatStars may reject or remove any Campaign for any reason.
  7. You will pay for your Campaign in accordance with the following:some text
    • You will comply with our BeatStars Terms of Service to the extent applicable.
    • You will pay all amounts specified in each Campaign you place, along with any applicable taxes before your campaign is processed. The amount you owe for each Campaign will be calculated based on our internal calculations.
    • By creating a Campaign, you authorize us to process your payment of choice, either when you purchase and/or pay for the Campaign or at any time thereafter.
    • You are responsible for maintaining the security of your BeatStars Account, and you understand that you will be charged for any Campaigns placed on or through your BeatStars Account.
    • You agree that we can charge you the amount that was displayed at the time when you created your Campaign. In the event that the cost of such Campaign increases, we will use reasonable efforts to notify you if the cost of your Campaign will exceed the amount that was displayed at the time when you Created your Campaign. You agree and acknowledge that BeatStars shall have the right to charge you for the mounts which exceed the original projected cost of your Campaign.
    • You can cancel your Campaign at any time. However, you are still responsible for paying all amounts related to Campaigns that run.
    • In the event that we do not utilize all of the funds that you paid for your Campaign, we will refund the remaining balance of the unused funds to your BeatStars Wallet in the form of credit towards future Campaigns. The credit will not be redeemable for any cash.
    • The amounts we charge you may be subject to and include applicable taxes and levies, including without limitation withholding taxes. You are responsible for bearing and remitting any taxes that apply to your transactions. You will indemnify, defend and hold us harmless from and against any claim arising out of your failure to adhere to these Terms and pay such amounts.
    • In the event that your payment method fails or you owe money for Campaigns, we may take additional steps to collect past due amounts in accordance with the BeatStars Terms of Service. You agree to pay all expenses associated with such collection, including fees, interest, and reasonable attorneys' fees.
    • From time to time, BeatStars will need to optimize, test improvements, and fix bugs in order to provide the ability to create Campaigns. You acknowledge and agree that this could impact your Campaigns and the reach of your Campaigns. We reserve the right to test, make improvements, fix bugs when we believe it will be beneficial, all without any obligation to do so or without any liability to you.
  8. BeatStars will determine the size, placement, and positioning of your Campaign all in its sole discretion.
  9. Scheduling and/or delivery of your Campaign is subject to availability and may not be continuous.
  10. We do not guarantee the number of people who will see your Campaign, the number of clicks your Campaign will get, that your Campaigns will drive engagement to your Tracks, Albums, or Profile, that your Campaign will gain you more followers or increase your sales, the reach, performance, the number of impressions, or traffic that your Campaigns will receive. Furthermore, you acknowledge and agree that bugs and issues beyond the control of BeatStars can drastically impact and affect the reach of your Campaigns.
  11. BeatStars cannot control how clicks are generated on your Campaigns. We are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost and impact of your Campaigns.
  12. You consent that BeatStars may disclose your Campaign in accordance with the BeatStars Privacy Policy, and all information associated with your Campaign, to a governmental entity, or third party if BeatStars believes that such disclosure would comply with the BeatStars Privacy Policy.
  13. We will provide you with estimations about how your Campaigns are performing. However, you acknowledge and agree that bugs and issues beyond the control of BeatStars can drastically impact and affect the numbers, estimations, and reports that we provide you, which are associated with your Campaigns.  You understand and agree that such numbers, estimations, and reports are for your convenience only and not for any other purpose, and BeatStars makes no representation or warranty as to the accuracy of, and will not be bound by any information furnished to you.
  14. You agree that updates to the BeatStars Privacy Policy and transparency tools  implemented onto the BeatStars Platform, may impact the reach of your Campaign and/or to prevent people from seeing your Campaign.
  15. We may ask you to review and accept supplemental terms that apply to your use of a specific feature or functionality made available through BeatStars Promote. To the extent those supplemental terms conflict with these BeatStars Terms, the supplemental terms will govern with respect to your use of the specific feature or functionality to the extent of the conflict. We may change or update these BeatStars Promote Terms from time to time and your continued use of BeatStars Promote constitutes acceptance of those changes.
  16. Any claim, cause of action, or dispute that arises out of or relates to BeatStars Promote is subject to the disputes resolution clause in the BeatStars Terms of Service.
  17. You further represent and warrant to BeatStars that: (i) You have 100% of the rights needed to display and promote such Campaign and the information and/or Intellectual Property embodied in the Campaign and grant such rights to BeatStars (and its affiliates) a worldwide, irrevocable, non-exclusive, and royalty-free license to (a) use, reproduce, perform, display, and distribute your Campaign and any related information and/or Intellectual Property provided by you in connection with your Campaign and (b) BeatStars may refuse, alter, modify, repurpose or create derivative works of your Campaign and the information and/or Intellectual Property embodied in your Campaign as necessary in order to display such Campaign; (ii) the Campaigns and content associated with your Campaigns shall not contain any material which violates the BeatStars Terms of Service or which is otherwise unlawful, defamatory or obscene, or which infringes or violates any third-party rights (including any intellectual property rights or privacy or publicity rights) or which may encourage a criminal offense or otherwise give rise to civil liability, and(iv) that your Campaigns will comply with all applicable laws and regulations in its performance of this Agreement, including the all applicable  privacy and data protection laws, regulations, to Campaigns in your applicable jurisdiction. 
  18. BeatStars reserves the right to pause or discontinue any active promotional campaigns in order to transfer the campaign to our new promotional system. While we will make reasonable efforts to re-create and restart these campaigns within the user's designated budget, this is subject to the availability and functionality of the new promotional system. Campaigns will be restarted within the your designated budget, ensuring that all ongoing promotions align with the updated system’s features and functionality. You acknowledge and agree that such transitions are necessary for system improvements and continued service and always subject to system capabilities and resource availability.
  19. BEATSTARS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING BEATSTARS PROMO, THE CAMPAIGNS HEREIN, OR THE ASSOCIATED REPORTS AND/OR FIGURES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BEATSTARS DOES NOT WARRANT THAT THE SERVICE OR ITS DELIVERY OF CAMPAIGNS HEREUNDER WILL BE ACCURATE, ERROR-FREE, UNINTERRUPTED OR CONTINUOUS. WITHOUT LIMITING THE FOREGOING, (A) BEATSTARS SHALL HAVE NO LIABILITY FOR TECHNOLOGICAL ERRORS, BUGS, INACCURACIES, CLICK FRAUD, OR OTHER IMPROPER ACTIONS, OR FOR INVALID CLICKS OR OTHER TECHNOLOGICAL ISSUES. ANY ISSUE THAT ARISES MAY AFFECT THE COST OF CAMPAIGNS AND/OR IMPRESSIONS AND (B) BEATSTARS PROMO WILL BE “AS IS” AND BEATSTARS MAKES NO REPRESENTATION THAT ANY CAMPAIGN WILL PERFORM IN ANY WAY. THE FOREGOING DISCLAIMER OF WARRANTY IS A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN FOR EXCHANGE HEREUNDER, AND THAT THE YOU AND BEATSTARS WOULD NOT ENTER INTO THIS AGREEMENT ABSENT SUCH DISCLAIMER.
  20. You will indemnify and hold harmless BeatStars and its affiliates, and our officers, directors, contractors and employees (collectively, the “Indemnified Parties”), from and against any and all expenses, damages and losses of any kind (including, without limitation, reasonable legal fees and costs) due to your use of BeatStars Promote, and/or incurred by BeatStars arising out of or in connection with any claim by a third party (a “Third Party Claim”) against BeatStars and any of the Indemnified Parties resulting from: (a) any actual or alleged breach of your representations or warranties under this Section; (b) any Campaign including any claims for any delivery of, non-delivery of, defects in, inaccuracies, reporting, use of, or inability to use Campaign; (c) any violation by you of any any applicable law, rule or regulation. Your indemnity obligation to BeatStars shall be immediate. BeatStars will notify you promptly of any Third Party Claim for which it seeks indemnification and will permit you to participate in the defense of such Third Party Claim with counsel chosen and paid for by you; provided, that BeatStars final decision shall control and you shall not have the right to enter into any settlement that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of BeatStars, or any Indemnified Party, without BeatStars prior written consent.
  21. BEATSTARS WILL NOT BE LIABLE FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER, LOSS OF LIFE, OR DAMAGE TO SYSTEMS, ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BEATSTARS TOTAL AGGREGATE LIABILITY TO CLIENT ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT TO BEATSTARS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM.
  22. Excluding payment obligations, neither party will be liable for any delay or default in the performance of its obligations if such delay or default is caused by conditions beyond its reasonable control, including fire, flood, accident, pandemics, earthquakes, telecommunications line failures, electrical outages, network failures or acts of God (collectively, “Force Majeure”).
  23. In the event of any termination of the BeatStars Promote Terms, the following provisions will still apply: the lead-in paragraph, 4-7, and 10-23.

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