BixBeat Terms of Service
Welcome to BixBeat, a service provided by Sigma Entertainment ("BixBeat", "we", "our", "us").
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.bixbeat.com/terms BixBeat may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, audio, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of BixBeat, including but not limited to all products and services offered via the BixBeat website, such as MyBixBeat, the BixBeat "Embeddable Player," the BixBeat "Uploader", " the BixBeat "Downloader", and other applications.
- The Service may contain links to third party websites that are not owned or controlled by BixBeat. BixBeat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BixBeat will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve BixBeat from any and all liability arising from your use of any third-party website.
- In order to access some features of the Service, you will have to create a BixBeat Account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BixBeat immediately of any breach of security or unauthorized use of your account.
- Although BixBeat will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BixBeat or others due to such unauthorized use.
General Use of the Service—Permissions and Restrictions
BixBeat hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without BixBeat's prior written authorization, unless BixBeat makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player with sharing and downloading functionalities).
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than through the website of the Service itself, the Embeddable Player, or other explicitly authorized means BixBeat may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain BixBeat's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled website containing Content delivered via the Service, unless other material not obtained from BixBeat appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
- uploading an original music or video to BixBeat, or maintaining an original MyBixbeat Playlist on BixBeat, to promote your song or artistic enterprise;
- any use that BixBeat expressly authorizes in writing.
- If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the BixBeat website.
- If you use the BixBeat Uploader, you agree that it may automatically download and install updates from time to time from BixBeat. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit BixBeat to deliver these to you) as part of your use of the Uploader.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the BixBeat servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BixBeat grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BixBeat 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 Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- BixBeat reserves the right to discontinue any aspect of the Service at any time.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to BixBeat or owned by the respective licensors of the Content, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download or share any Content unless you see a “download/save/share” or similar link displayed by BixBeat on the Service for that Content. You shall not copy, reproduce, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of BixBeat or the respective licensors of the Content. BixBeat and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that BixBeat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BixBeat with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BixBeat, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content and Conduct
- As a BixBeat account holder you may submit Content to the Service, including audio, videos, and user comments. You understand that BixBeat does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting, uploading, and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload and publish Content you submit; and you license to BixBeat all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication, distribution and sharing on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to BixBeat, you hereby grant BixBeat a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and BixBeat's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Music and video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Music or videos from the Service. You understand and agree, however, that BixBeat may retain, but not display, distribute, or perform, server copies of your music or videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant BixBeat all of the license rights granted herein.
- BixBeat does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and BixBeat expressly disclaims any and all liability in connection with Content. BixBeat does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and BixBeat will remove all Content if properly notified that such Content infringes on another's intellectual property rights. BixBeat reserves the right to remove Content without prior notice.
Account Termination Policy
- BixBeat will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- BixBeat reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. BixBeat may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
BixBeat is a platform for creators and we expect all BixBeat users to respect other people’s copyright. BixBeat operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found below:
- If you believe your copyright-protected work was posted on or uploaded onto BixBeat without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and simplest way to notify BixBeat of alleged copyright infringement is by sending an email to email@example.com.
- After submitting a copyright infringement notification, a copyright owner may realize that they've misidentified content or may change their mind about their complaint. When this happens, BixBeat is glad to honor retractions of copyright claims from the party that originally submitted them.
- As part of BixBeat's copyright policy, BixBeat will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST BIXBEAT USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO BIXBEAT’S ATTENTION, BIXBEAT MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. BIXBEAT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIXBEAT DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.
BIXBEAT AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL BIXBEAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BIXBEAT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Sigma Entertainment from its facilities in Nigeria and Canada. BixBeat makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other locations or jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BixBeat, its parent tradename and/or 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: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth 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 Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BixBeat without restriction.
You agree that: (i) the Service shall be deemed solely based in Lagos, Nigeria, and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over BixBeat, either specific or general, in jurisdictions other than Lagos State, Nigeria. These Terms of Service shall be governed by the internal substantive laws of Lagos State and Nigeria, without respect to its conflict of laws principles. Any claim or dispute between you and BixBeat that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Lagos, Nigeria. These Terms of Service, together with the Privacy Notice at https://www.bixbeat.com/privacy and any other legal notices published by BixBeat on the Service, shall constitute the entire agreement between you and BixBeat concerning the Service. 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 these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BixBeat's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BixBeat 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 Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BIXBEAT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.