• 1.1 Your use of the Upcoming Beats website (the "Website") and any products, software and services, including the Upcoming Beats embeddable music player (the "Upcoming Beats Player") provided to you on or from the Website by Upcoming Beats (collectively called the "Services" in this document) is subject to the terms of a legal agreement between you and Upcoming Beats.
• 1.2 Your legal agreement with Upcoming Beats is made up of the following and collectively called the "Terms"
  (A) the terms and conditions set out in this document
  (B) Upcoming Beats's Privacy Policy (http://UpcomingBeats.com/privacy)
• 1.3 The Terms form a legally binding agreement between you the Listener or you the Artist or you the Studio or you the Store account holder and Upcoming Beats in relation to your use of the Services. It is important that you take the time to read them carefully.
• 1.4 The Terms apply to all Listener/Artist/Studio/Store Account holders on the Website, including Listener/Artist/Studio/Store Account holders who are also contributors of music content, information, products and other materials or services to Upcoming Beats.

2. Accepting the Terms

• 2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
• 2.2 You can accept the Terms by simply using the Services. You understand and agree that Upcoming Beats will treat your use of the Services as acceptance of the Terms from that point onwards.
• 2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Upcoming Beats, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.
• 2.4 You should print off or save a local copy of the Terms for your records.

3. Language of the Terms

• 3.1 Where Upcoming Beats provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with Upcoming Beats.
• 3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Changes to the Terms

• 4.1 Upcoming Beats may make changes to the Terms from time to time.
• 4.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Upcoming Beats will treat your use as acceptance of the updated Terms.
• 4.3 You should check the Terms regularly for changes.

5. Upcoming Beats accounts

• 5.1 In order to access some features of the Website or other Services, you will have to create a Upcoming Beats account. When creating your account, you must provide accurate and complete information. It is important that you keep your Upcoming Beats account password secure and confidential.
• 5.2 You must notify Upcoming Beats immediately of any breach of security or unauthorised use of your Upcoming Beats account that you become aware of.
• 5.3 You agree that you will be solely responsible (to Upcoming Beats, and to others) for all activity that occurs under your Upcoming Beats account.

6. General restrictions on use

• 6.1 Upcoming Beats hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
• you agree not to distribute any part of or parts of the Website, including but not limited to any Listener/Artist/StudioStore Account holders (as defined below), in any medium without Upcoming Beats's or the account holders prior written authorisation;
• you agree not to alter or modify any part of the Website or any of the Services (including but not limited to the Upcoming Beats Player and its related technologies);
• you agree not to access Listener/Artist/Studio/Store Submissions (defined below) or other content made available on the Website (including Upcoming Beats Content, as defined below) through any technology or means other than the music playback pages of the Website itself, the Upcoming Beats Player, or such other means as Upcoming Beats may explicitly designate for this purpose;
• you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any Listener/Artist/Studio/Store Submissions or Upcoming Beats Content or (ii) enforce limitations on use of the Website or the content accessible on the Website;
• you agree not to use the Website or any Services (including the Upcoming Beats Player) for any commercial use, without the prior written authorisation of Upcoming Beats. Prohibited commercial uses shall include, without limitation:
• the resale of access to the Website or any of the Services (such as the Upcoming Beats Player) on another website for the primary purpose of gaining advertising or subscription revenue; and
• the redistribution of the Services (including any Artists Submissions accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by Upcoming Beats,
• but shall not include (i) uploading an original track to Upcoming Beats, (ii) maintaining an original Artist on the Website in order to promote a business or artistic enterprise, and (iii) any use that is expressly authorised by Upcoming Beats in writing;
• if you use the Upcoming Beats Player on your website, you must include a prominent link back to the Website on the pages containing the Upcoming Beats Player and you may not modify the Upcoming Beats Player in any way;
• you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the Upcoming Beats servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
• you agree not to collect or harvest any personal data of any Listener/Artists of the Website or any Service (and agree that this shall be deemed to include Upcoming Beats account names);
• you agree not to solicit, for commercial purposes, any Listener/Artists of the Website with respect to their Listener/Artists Submissions; and
• you agree not to access Artist Tracks (as defined below) for any reason other than for your personal online listening, non-commercial use solely as intended through and permitted by the normal functionality of the Services, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by Upcoming Beats via the Internet to a Listener operated Internet enabled device in such a manner that the data is intended for real-time listening and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the Listener
• 6.2 You agree that you will comply with all of the other provisions of the Terms and the Upcoming Beats Community Guidelines at all times during your use of the Services.
• 6.3 Upcoming Beats 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. Upcoming Beats reserves the right to revoke these exceptions either generally or in specific cases.
• 6.4 Upcoming Beats is constantly innovating in order to provide the best possible experience for its Listener/Artist/Studios/Stores. You acknowledge and agree that the form and nature of the Services which Upcoming Beats provides may change from time to time without prior notice to you.
• 6.5 As part of this continuing innovation, you acknowledge and agree that Upcoming Beats may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Listener/Artist/Studio/Stores Account Holders generally at Upcoming Beats's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Upcoming Beats when you stop using the Services.
• 6.6 You agree that you are solely responsible for (and that Upcoming Beats has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Upcoming Beats may suffer) of any such breach.

7. Copyright policy

• 7.1 Upcoming Beats operates a clear copyright policy in relation to any Listener/Artist/Studio/Store Submissions which are alleged to infringe the copyright of a third party. Details of that policy can be found here http://UpcomingBeats.com/copyright
• 7.2 As part of Upcoming Beats's copyright policy, Upcoming Beats will terminate Artist access to the Website if an Artist has been determined to be a repeat infringer. A repeat infringer is an Artist who has been notified of infringing activity more than twice.

8. Your Artist Information

• 8.1 As an Upcoming Beats Artist account holder you may submit your music content ("Artist Tracks") and textual content ("Artist Information") (collectively referred to as "Artist Information"). You understand that whether or not such Artist Information is published, Upcoming Beats does not guarantee any confidentiality with respect to any Artist Information.
• 8.2 You retain all of your ownership rights in your Artist Information, but you are required to grant limited licence rights to Upcoming Beats and other Website Users. These are described in paragraph 10 of these Terms (Rights you licence).
• 8.3 You understand and agree that you are solely responsible for your own Artist Information and the consequences of posting or publishing them. Upcoming Beats does not endorse any Artist Information or any opinion, recommendation, or advice expressed therein, and Upcoming Beats expressly disclaims any and all liability in connection with Artist Information.
• 8.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Upcoming Beats to use your Artist Information for the purposes of the provision of the Services by Upcoming Beats, and otherwise to use your Artist Submissions in the manner contemplated by the Website and these Terms.

9. Your Studio Information

• 9.1 As an Upcoming Beats Studio account holder you may submit as much information as you like about your Studio (collectively referred to as "Studio Information"). You understand that whether or not you publish your Studio Information, Upcoming Beats does not guarantee any confidentiality with respect to any Studio Information.
• 9.3 You understand and agree that you are solely responsible for your own Studio Information and the consequences of posting or publishing them. Upcoming Beats does not endorse any Studio Information or any opinion, recommendation, or advice expressed therein, and Upcoming Beats expressly disclaims any and all liability in connection with Studio Information.
• 9.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Upcoming Beats to use your Studio Information for the purposes of the provision of the Services by Upcoming Beats, and otherwise to use your Studio Submissions in the manner contemplated by the Website and these Terms.

10. Your Store Information

• 10.1 As an Upcoming Beats Store account holder you may submit as much information as you like about your Store (collectively referred to as "Store Information"). You understand that whether or not you publish your Store Information, Upcoming Beats does not guarantee any confidentiality with respect to any Store Information.
• 10.3 You understand and agree that you are solely responsible for your own Store Information and the consequences of posting or publishing them. Upcoming Beats does not endorse any Store Information or any opinion, recommendation, or advice expressed therein, and Upcoming Beats expressly disclaims any and all liability in connection with Store Information.
• 10.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Upcoming Beats to use your Store Information for the purposes of the provision of the Services by Upcoming Beats, and otherwise to use your Store Submissions in the manner contemplated by the Website and these Terms.

11. Content of your Tracks Uploaded

• 11.1 You agree that you will not upload or post any Tracks which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Upcoming Beats to use or possess in connection with the provision of the Services.
• 11.2 You agree that you will not upload any Artist Tracks that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant Upcoming Beats the licence referred to in paragraph 10.1 below.
• 11.3 Upcoming Beats reserves the right (but shall have no obligation) to decide whether Listener/Artists Submissions comply with the content requirements set out in these Terms and may remove such Listener/Artists Submissions and/or terminate a Listener/Artists' access for uploading any Listener Submissions or Artist Tracks which is in violation of these Terms at any time, without prior notice and at its sole discretion.
• 11.4 Upcoming Beats reserves the right (but shall have no obligation) to decide whether Artist Tracks comply with the content requirements set out in these Terms and may remove such Artist Tracks and/or terminate a Artist's access for uploading any Artist Tracks which is in violation of these Terms at any time, without prior notice and at its sole discretion.
• 11.5 You further understand and acknowledge that in using the Website and the Services, you may be exposed to Listener Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Upcoming Beats with respect to any such Listener Submissions.

12. Rights you licence

• 12.1 When you upload a Track(s) you grant to Upcoming Beats, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, prepare derivative works of, display, and perform that Artist Tracks in connection with the provision of the Services and otherwise in connection with the provision of the Website and Upcoming Beats's business, including without limitation for promoting part or all of the Website (and derivative works thereof) in any media formats and through any media type.
• 12.2 The above licenses granted by you will be terminate when you remove your Track(s) from the Website. The above licenses granted by you in Listener\Artist\User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 8.2 above.

13. Upcoming Beats content on the Website

• 13.1 With the exception of Listener/Artists Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "Upcoming Beats Content") is either owned by or licensed to Upcoming Beats, and is subject to copyright, trade mark rights, and other intellectual property rights of Upcoming Beats or Upcoming Beats's licensors. Any third party trade or service marks present on the Upcoming Beats Content are trade or service marks of their respective owners.
• 13.2 Upcoming Beats Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Upcoming Beats, or Upcoming Beats's licensors. Upcoming Beats reserves all rights not expressly granted in and to the Upcoming Beats Content.

14. Links from Upcoming Beats

• 14.1 The Services may include hyperlinks to other web sites that are not owned or controlled by Upcoming Beats. Upcoming Beats has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
• 14.2 You acknowledge and agree that Upcoming Beats is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
• 14.3 You acknowledge and agree that Upcoming Beats is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
• 14.4 Upcoming Beats encourages you to be aware when you leave the Upcoming Beats website and to read the terms and conditions and privacy policy of each other website that you visit.

15. Ending your relationship with Upcoming Beats

• 15.1 The Terms will continue to apply until terminated by either you or Upcoming Beats as set out below.
• 15.2 If you want to terminate your legal agreement with Upcoming Beats, you may do so by (a) notifying Upcoming Beats at any time and (b) closing your Upcoming Beats account. Your notice should be sent by email to Upcoming Beats's using the email address used on registration.
• 15.3 Upcoming Beats may at any time, terminate its legal agreement with you if:
• you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
• Upcoming Beats is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
• Upcoming Beats is transitioning to no longer providing the Services to Listeners/Artists/Studios/Stores in the country in which you are resident or from which you use the Services; or
• the provision of the Services to you by Upcoming Beats is, in Upcoming Beats's opinion, no longer commercially viable.


• 15.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Upcoming Beats have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

16. Exclusion of Warranties

• 16.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
• 16.2 The Services are provided "as is" and Upcoming Beats makes no warranty or representation to you with respect to them.
• 16.3 In particular Upcoming Beats does not represent or warrant to you that:
• your use of the Services will meet your requirements,
  
  your use of the Services will be uninterrupted, timely, secure or free from error,
  
  any information obtained by you as a result of your use of the Services will be accurate or reliable, and
  
  that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.


• 16.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

17. Limitation of Liability

• 17.1 Nothing in these Terms shall exclude or limit Upcoming Beats's liability for losses which may not be lawfully excluded or limited by applicable law.
• 17.2 Subject to the overall provision in paragraph 15.1 above Upcoming Beats shall not be liable to you for:
• any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
  
  any loss or damage which may be incurred by you as a result of:
  
  any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
  
  any changes which Upcoming Beats may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
  
  the deletion of, corruption of, or failure to store, any Listener/Artist Submissions and other communications data maintained or transmitted by or through your use of the Services;
  
  your failure to provide Upcoming Beats with accurate account information;
  
  your failure to keep your password or Upcoming Beats account details secure and confidential.


• 17.3 The limitations on Upcoming Beats's liability to you in paragraph 15.2 above shall apply whether or not Upcoming Beats has been advised of or should have been aware of the possibility of any such losses arising.

18. General legal terms

• 18.1 The Terms constitute the whole legal agreement between you and Upcoming Beats and govern your use of the Services and completely replace any prior agreements between you and Upcoming Beats in relation to the Services.
• 18.2 You agree that Upcoming Beats may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Upcoming Beats website.
• 18.3 You agree that if Upcoming Beats does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Upcoming Beats has the benefit of under any applicable law), this will not be taken to be a formal waiver of Upcoming Beats's rights and that those rights or remedies will still be available to Upcoming Beats.
• 18.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
• 18.5 You acknowledge and agree that each member of the group of companies of which Upcoming Beats is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
• 18.6 The Terms, and your relationship with Upcoming Beats under the Terms, shall be governed by English law. You and Upcoming Beats agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Upcoming Beats shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.