Welcome to Beatopia!
We are revolutionizing the way rappers and singers lease beats and create tomorrow's music.
Acceptance of Terms
You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent. You also represent that You are fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set out in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Beatopia Website is not intended for children under 13.
Children under the age of 13 are not permitted to use Beatopia and no part of the Website is directed to children under the age of 13. If you are under the age of 13 please do not use this Website.
If you download any beats from Beatopia, you also do so under the terms of the Beatopia License. If you do not agree with any of these terms you are not permitted to visit or use the Website, purchase any Subscription(s), and/or use any of the our beats in any way.
User Accounts & Submissions
In order to access various features of the Website, or download our beats, you will have to create an account. You may never use another's account without Beatopia's permission. When creating your account, you must provide accurate, up to date, and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password(s), billing information, and username(s) secure. You must notify Beatopia immediately of any breach of security or unauthorized use of your account(s). Although Beatopia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Beatopia or others due to any unauthorized uses and/or activity on your accounts.
You agree we may verify your identity at any time during or after your use of our Website. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If: (1) you do not provide any requested information, as prompted, and/or (2) Beatopia can't verify your identity, then you agree that Beatopia may refuse to allow access to our Website and Work.
We offer many varieties of beats for our users to access, download, and use. We are always expanding our library and attempt to provide you with new options and styles. However, we may remove various beats from our Website at various times in our sole discretion.
If you download any beats from Beatopia, you also do so under the terms of the Beatopia License, which we will provide you upon downloading any Beat(s). If you do not agree with any of these terms you are not permitted to visit or use the Website, purchase any Subscription(s), and/or use any of our Beats in any way.
Our Lyrics Tools
We additionally currently offer a suite of lyrics drafting and creation technology and tools (the "Lyrics Tools"), which may include such functions and features as (a) Thesaurus, dictionary, and alternative word databases, (b) theme and topic categorization and input tools, (c) various word, grammar, and stanza editing functions, and (d) suggestions for, combinations of, and generation of words, phrases, and stanzas based upon your input, the results of which are generated via our proprietary technology and machine learning, all provided for you to create lyrics (the "Lyrics").
We are always adapting our Lyrics Tools to attempt to provide you with new options, tools, and ways to create lyrics. Thus, you agree that the Lyrics Tools and their functions may change from time to time in our discretion.
Additionally, we may incorporate third-party software, plugins, and/or technical functions to improve our Website and Services ("Additional Services & Tech") from various third-parties ("Third-Party Suppliers"). You agree that we may stop use of these Additional Services at any time for any reason or no reason.
If you use the Lyrics Tools, you agree that your use of the Lyrics Tools and the Lyrics are subject to the Lyrics License (which is listed below). If you do not agree with any of these terms here and/or in the Lyrics License, you are not permitted to visit or use the Lyrics Tools in any way and/or create any Lyrics with our Lyrics Tools and/or through our Website.
Lyrics Tool & Lyrics License
By using our Website, purchasing any subscription, and/or using the Lyrics Tool (define in our Terms of Service), you agree to be bound by the following licensing terms and conditions in relation to the Lyrics and the Lyrics Tool (the "Lyrics License").
- Purpose of Lyrics Tool. We offer our users use of the Lyrics Tool and its various functions solely for your personal, private, and non- commercial uses for inspiration and research. The purpose of the Lyrics tool is not to generate Lyrics to be used publicly, and/or for commercial purposes.
- Ownership of Your Input. You own all rights in and to the (a) input, prompts, text, and/or content that you put into the Lyrics Tool ("Your Input"). However, you grant us and our Third-Party Suppliers a perpetual, worldwide, royalty-free, irrevocable, license to copy, adapt, and use Your Input to generate the Lyrics through our Lyrics Tool (including any of our Third-Party Suppliers' technology(ies)).
- Ownership of the Lyrics. Between you and Beatopia, we own the generated Lyrics that you generate using our Lyrics Tool (the "Lyrics").
- License to the Lyrics. We grant you a non-exclusive, limited, royalty-free, perpetual, and revocable license (the "Lyrics License") to use, adapt, edit, and display the Lyrics solely for purposes that are: a. Non-commercial in nature; b. Non-public; and c. For your personal inspiration and research. This means that you agree that you may not: i. Monetize the Lyrics; ii. Use the Lyrics (in part of in whole) in public works (such as songs, tracks, and/or films distributed to the public); iii. Publicly perform the Lyrics; iv. Claim that you wrote and/or created the Lyrics; and/or v. Otherwise exploit the Lyrics for commercial gain and/or exposure.
- Breaches of the License. You agree that we may revoke your Lyrics License to your Lyrics for breaches of the Lyrics License. We may also prohibit you from using our Website, Platform(s), and/or the Lyrics Tool.
- Beatopia Use of Lyrics. You acknowledge and agree that we (and our Third-Party Suppliers (defined below)) may copy, distribute, analyze, adapt, use, and exploit your Input and the Lyrics for the following purposes: a. Improving our Services, Website, and Platforms; b. Conducting of internal and external studies and analyses (including, but not limited to) studies of (i) our Users' use of the Lyrics Tool(s), (ii) our Website and platforms, and (iii) the Lyrics and Input; c. Analysis and development of our internal processes and service offerings; d. Internal usage retention, and analysis of your Input and your Lyrics by our Third-Party Suppliers for their APIs, and technological tools and services; and e. Assisting our Third-Party Suppliers to aid them in providing their respective API's, tools, and services.
- Limitations of Beatopia Use of Lyrics. We will not (a) publicly display your Lyrics in written form as whole, (b) license your final Lyrics in written form as a whole (and edited by you) to third parties for public use(s) and/or display(s), and/or (c) use your Lyrics within music and/or songs for commercial purposes.
- Originality of Lyrics. You recognize and agree that the Lyrics Tool is a tool and device based upon artificial intelligence and machine learning. You may only use the Lyrics Tool and the Lyrics for your own personal and private uses (i.e. inspiration and research). Thus: a. We cannot, and do not, guarantee the originality of any set of Lyrics that our Lyrics Tool generates at any time; and b. You recognize and agree that public use and/or incorporation of the Lyrics into any public work of art is strictly forbidden.
- Restrictions on Use. You agree to not: a. Use our Lyrics Tool in a way that infringes, misappropriates, and/or violates any third party's rights (including any third party's intellectual property rights); b. Use our Lyrics Tool in a way that infringes, misappropriates, and/or violates the rights our Third-Party Suppliers; c. Reverse compile, decompile, reverse assemble, translate and/or otherwise attempt to discover the source code or underlying components of our (and/or our Third-Party Suppliers') models, algorithms, APIs, and/or our systems making up any part of the Lyrics Tool; d. Use any automated technology, extraction tool(s), method(s), and/or program(s) to extract and/or harvest any data and/or output from us, our Third-Party Suppliers, and/or the Lyrics Tool; e. Use any Lyrics generated from your use of our Lyrics Tool (including our Third-Party Suppliers' products, services, and APIs) to develop competing businesses and/or technology of ours and/or our Third-Party Suppliers'; f. Represent that your Lyrics generated via the Lyrics Tool was human-generated when it is not; g. Input any information into the Lyrics Tool directed at children; h. Input into the Lyrics Tool any personally identifying information of any children under the age of 13 or the applicable age of digital consent; and/or i. Input into the Lyrics Tool any personally identifying information of any third party.
Similarity of Lyrics. YOU RECOGNIZE AND AGREE THAT BECAUSE OF THE
NATURE OF MACHINE LEARNING, YOUR INPUT MAY GENERATE LYRICS THAT ARE SIMILAR
TO THE LYRICS OF OTHER USERS. While we offer a variety of functions and most
user-inputs are distinct, it is not possible for us to guarantee the
originality of any specific set of Lyrics.
This means that some portions (or full sets) of Lyrics you create using the Lyrics Tool (a) may contain third party works or lyrics, and/or (b) may be "substantially similar" (as defined under Copyright Laws) to other existing lyrics and/or other users' Lyrics.
We provide the Lyrics via the Lyrics Tool on an 'as is' basis. As such, you acknowledge and understand that, to the extent permitted by law, we cannot take responsibility for identifying or conducting any clearances required for any particular use(s) of your Lyrics.
Billing and Subscriptions
If you choose to purchase a subscription to the Website, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. If you choose to subscribe to one of our subscription plans (currently an annual or monthly membership), your credit card or PayPal account will be charged based on the cost of the service as then set forth on the Website from time to time. Your credit card information will be securely encrypted and stored only by our partner companies (never by us). Your charge will be authorized and charged at the time you order. Your charge will be authorized and charged at the time you order. Beatopia reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected users of any such changes. You agree to promptly provide Beatopia with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, and credit card expiration date.
If you subscribe to either our monthly or our annual subscription plan ("Subscriptions"), you will be charged a monthly or annual subscription fee, which is listed on our Website ("Subscription Fees"). The Subscription Fees will be billed on a monthly or an annual basis depending upon which option you choose. We may offer various other subscription plans at various times, which will be listed and described on our Website.
The Subscription Fee will automatically renew monthly or annually. YOU AGREE THAT WE MAY AUTOMATICALLY RENEW YOUR SUBCRIPTION AND CHARGE YOU ON EACH BILLING CYCLE ACCORDING TO YOUR CHOSEN SUBSRIPTION PLAN (MONTHLY OR ANNUALLY). THE RENEWAL RATE YOU WILL BE CHARGED MAY INCREASE OR DECREASE FROM TIME TO TIME BASED ON OUR PRICING POLICY OR BONA FIDE BUSINESS REASONS. We may additionally require that you opt-in before it renews. Under various jurisdictions, you may request to cancel your monthly or annual subscription by emailing us at email@example.com
It's OK to cancel your Subscription at any time. If you cancel your Subscription after you have been billed for your specific Subscription's current billing cycle, then that Subscription Fee will not be refunded to you. However, you will still have access to the Subscription Content until the end of your specific Subscription's billing cycle. All sales are final and there are no refunds issued.
Refunds are issued at Beatopia's sole discretion. However, Subscription purchases from Beatopia may be refunded within fifteen (15) calendar days, under the following conditions:
- The refund is perceived to be requested in good faith in Beatopia's sole discretion; and
- The user has not already downloaded any beats on their account for the period.
You are prohibited from any use of the Website or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the Website shall not: (1) be false, inaccurate or misleading; (2) be fraudulent; (3) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) violate any law, statute, ordinance or regulation; (5) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Website; and (6) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Website content without the prior expressed permission of Beatopia. You may not consummate any transaction on the Website, or that was initiated using our service, that could cause us to violate any applicable law, statute, ordinance, and/or regulation.
You agree we may verify your identity at any time during or after your use of our Website. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, proof of address (such as utility bills), phone number, and/or requiring you to take steps to confirm ownership of your email address or financial instruments (such as credit card), or verifying information you provide against third party databases or through other sources.
If: (1) you do not provide any requested information, as prompted, and/or (2) Beatopia can't verify your identity, then you agree that Beatopia may refuse to allow access to our Website and beats without a refund.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or any other kind of software, that accesses the Website in a manner that sends more request messages to the Beatopia servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Beatopia reserves the right to block any user when there is a serious indication of abuse of the library with a permanent ban without refund and without right of dispute from the user. Beatopia may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Beatopia Content at any time at Beatopia's discretion, without prior notice or liability to you. Any conduct by you that, at Beatopia's sole discretion, is deemed abusive to our site's policies is strictly prohibited and may result in the termination of your access to the Site without further notice.
Notwithstanding the foregoing, Beatopia grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Beatopia reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
Beatopia does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Beatopia will remove content if properly notified that such content infringes on another's intellectual property rights. Beatopia reserves the right to remove content without prior notice. Beatopia will also terminate a user's access to its Website, if they are determined to be in breach of the License.
Geographical Access / Restrictions
Beatopia does not provide its platforms, services, and/or Lyrics Tool in every country. For example, we do not offer our services in countries under international sanction(s), or otherwise prohibited by our Third-Party Suppliers. If you are accessing our Platform, Services, and/or Lyrics Tool from any such country(ies) that are prohibited, you will not be able to use our Platform, Services, and/or Lyrics Tool. You agree to not circumvent such restriction(s) in any manner (including by using a VPN).
We may update and/or change the list of countries where our Platform, Services, and/or Lyrics Tool are available from time to time in our sole discretion.
Report a Beat
If you are a copyright owner or an agent thereof and believe that any content on our Website infringes upon your copyright rights, you may submit a notification through the Beatopia Website (or via email to: firstname.lastname@example.org) with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Beatopia's designated representative to receive notifications of claimed infringement is Maria Kyriakou, Mnasiadou 11, Office 17, Nicosia 1065, Nicosia, Cyprus.
You agree that your use of the Beatopia Website shall be at your sole risk. To the fullest extent permitted by law, Beatopia, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with beats of the Website, the Website itself and your use thereof. Beatopia makes no warranties or representations about the accuracy or completeness of the Websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury, or property loss and/or damage, of any nature whatsoever, resulting from your access to and use of our Website (including, but not limited to, loss of data), (3) any unauthorized 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 our Website, (3) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, (5) the success of any musical composition and/or creative work that includes any of our beats, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Beatopia Website. Beatopia does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Beatopia Website or any hyperlinked Website or featured in any banner or other advertising, and Beatopia will not be a party to or in any way be responsible for monitoring any transaction between you and 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 judgment and exercise caution where appropriate.
Furthermore, To the fullest extent permitted by law, the Lyrics are provided "as i" and on an “as available” basis and EXCEPT TO THE EXTENT PROHIBITED BY LAW WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE LYRICS TOOL AND/OR THE LYRICS INCLUDING: (A) ANY IMPLIED WARRANTY(IES) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND/OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CREATION AND USE OF ANY LYRICS AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS FOR YOUR CREATION AND/OR USE OF THE LYRICS (INCLUDING, BUT NOT LIMITED TO, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT). You acknowledge and agree that we are not liable, and you will not hold us liable, for the conduct of third parties, including by owners of any other lyrics and/or creative works that any generated Lyrics using the Lyrics Tool may conflict with.
You further agree to indemnify other Users of the Lyrics Tool harmless from copyright infringement for “substantially similar”, similar, and/or the same Lyrics that are generated by the Lyrics Tool.
You agree that the risk of injury from such third-parties rests entirely with you. You understand that we do not make any attempt to verify your lyrics are not “substantially similar” to other existing lyrics and/or creative works. We make no warranty that any Lyrics(s) will meet your requirements and/or not infringe on any third party's rights as generated by the Lyrics Tool. We make no warranty regarding the quality of the Lyrics.
Limitation of Liability
THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEATOPIA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF BEATOPIA AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEATOPIA AND YOU. BEATOPIA AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE, THE MATERIALS AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BEATOPIA'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.
You agree to defend, indemnify and hold harmless Beatopia, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Beatopia Website;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right. This Section and indemnification obligation will survive these Terms of Service and your use of the Beatopia Website.
We may (1) provide you with a way to contact us through the Website and/or email, and/or (2) request that you give us your email address before, during, or after any registration process, so that we may communicate electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. All electronic communications will be received or otherwise recorded by Beatopia, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by Beatopia.
In connection with your use of the Website, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and Beatopia, its suppliers, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by Beatopia and its suppliers of any and all information and data contained in (1) any communication with Beatopia and its suppliers, and (2) any information input posted on or through the Website.
You agree that: (1) the Beatopia Website shall be deemed solely based in Cyprus; and (2) the Beatopia Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Beatopia, either specific or general, in jurisdictions other than Cyprus. These Terms of Service shall be governed by the internal substantive laws of Cyprus, without respect to its conflict of laws principles. Any claim or dispute between you and Beatopia that arises in whole or in part from the Beatopia Website shall be decided exclusively by a court of competent jurisdiction located in Cyprus. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Beatopia without restriction. These Terms of Service, together with the Privacy Notice at https://www.beatopia.com/privacy, the Beatopia Licence at https://www.beatopia.com/license and any other legal notices published by Beatopia on the Website, shall constitute the entire agreement between you and Beatopia concerning the Beatopia Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Beatopia's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Beatopia reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Beatopia Website following any update, amendment, and/or change to these Terms of Service will signify your assent to and acceptance of its revised terms.
You and Beatopia agree that any cause of action arising out of or related to the Beatopia Website must commence within one (1) year after the cause of action accrues. Any cause of action arising from and/or related to these Terms of Service will be governed by Cyprus law.
Any dispute, controversy or claim arising out of or relating to these Terms of Services, or the breach, termination, and/or invalidity thereof, shall be settled by arbitration in accordance with the CAMC Arbitration Rules. The appointing authority shall be the Cyprus Arbitration and Mediation Centre. The number of arbitrators shall be one (1) in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The place of arbitration shall be Nicosia, Cyprus. The language to be used in the arbitral proceedings shall be English.
You may contact us for support any support questions and/or issues related to these Terms of Service by email at email@example.com.
Please allow us some time to respond, and we will get back to you as soon as we can!