The website www.beamge.com and/or any mobile application which facilitates access to the website www.beamge.com (together, “Beamge”, "the website", “we” or “us”) is owned and operated by Beamge Ltd, a company registered in England and operating from Kemp House 160 City Road, London EC1V 2NX, United Kingdom.
Beamge is a direct to fan platform for artists to conduct business and for fans to discover new music through contests. Beamge is not the buyer or seller in any actual transaction between artists and fans and is not the agent for any purpose either.
Acceptance of Terms
By using our Services, you represent you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform.
“Artist” means an individual who has created and is in possession of original Artist Content and wishes to exploit the same by uploading it on the Beamge website.
“Artist Content” / “User Content” means any and all kinds of copyrightable works and metadata including but not limited to graphics, artwork, lyrics, musical notation, sound recordings, photographs, and descriptive text created by an Artist/User and uploaded on the Beamge website.
“Merchandise” means any Artist Content uploaded on the Beamge website for the purpose of selling it to an interested online User.
“Merchandise Transaction” means a sale of Artist Content or Merchandise by the Artist and purchase of the same by an interested online User via the Beamge website.
“Music / Musical Content” means any and all kinds of sound recordings, underlying musical works embodied within sound recordings and/or any audio-visual work synchronized with sound recordings that is uploaded on the Beamge website by an Artist.
“Artworks” means any and all associated copyrightable works and metadata including but not limited to graphics, artwork, lyrics, musical notation, photographs, and descriptive text.
“Platform” means the Beamge website at www.beamge.com through which Artists may conduct business by uploading their Musical Content and fans can discover new music through various contests.
“Service” means all available facilities of conducting business by online distribution and publication of Artist Content through the Beamge website.
“User” means an individual who accesses or attempts to access the Beamge Services through the Beamge website.
“Website” means www.beamge.com.
Scope of Service
Beamge allows Artist to upload Musical Content, owned or controlled by Artist, to the Platform which includes, but is not limited to, sound recordings (“Sound Recordings”), underlying musical works embodied within Sound Recordings (“Musical Works”), and videos/audio-visual works synchronized with Sound Recordings and underlying Musical Works collectively, (“Music Videos”). Musical Content described herein, collectively, Artist’s (“Music” or “Musical Content”) uploaded by you to the Platform shall not contain any unauthorized use of copyright protected material (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Beamge does not claim any ownership rights in Musical Content, and you hereby expressly acknowledge and agree that uploaded Musical Content remains your sole responsibility. You agree that Beamge is only acting as a passive conduit for your online distribution and publication of your Musical Content. Beamge, however, reserves the right to remove any User Content from the Service at its sole discretion.
Grant of License
- reproduce, distribute, publicly perform, publicly display, adapt, prepare derivative works of, compile, communicate to the public, synchronize and exploit, collectively (“Exploit”) (a) Artist’s Music to perform the Service (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Beamge or its sub-licensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s Music), in all media, using technologies and methodologies now known or hereafter devised, (b) Exploit associated copyrightable works and metadata including but not limited to graphics, artwork, lyrics, musical notation, photographs, and descriptive text (“Artworks”), without limitation, in connection with the Service, and (c) Exploit the Artist’s Music and Artworks in connection with any kind of competition, contest, sweepstake or giveaway (“Competitions”) to perform the Service and to administer, manage or promote Competitions in connection with the Service;
allow Users of the Service to receive Artist’s Music and Artworks, participate in Competitions, and to Exploit Artist’s Music and Artworks for non-commercial purposes on any and all devices owned or controlled by the User;
to use, reproduce, and publish names, likenesses, trademarks and biographical information concerning the Artist in connection with the exploitation, promotion, and provisions of the Service;
to synchronize, reproduce, copy, perform and otherwise Exploit the Artist’s Music in timed relation with video in order to perform the Service; and
to copy, reproduce, distribute, use or otherwise exploit Artist’s logos, trademarks, service marks and other proprietary rights for the purpose of advertisement, marketing and promotion of the Beamge Services, both current and future.
Payment Terms and Refund Policy
You must have reached the age of 18 years or have the consent of a parent or a guardian in order take out a subscription to the Services or to make any purchase (Artist Content, Merchandise) or donation in connection with the Services.
Please direct your enquiries about Artist Content and Merchandise directly to the relevant Artist. Beamge simply acts as the platform for Artists to upload and sell their Content and Merchandise and hence may not be held responsible for any issues regarding the same. All sales of Artist Content are final and non-refundable (except where prohibited by law), unless otherwise determined by Beamge. However, for the convenience of our Users, Beamge will aim to work together with the Artists regarding any problem about the purchase and payment. In order to do so, please contact email@example.com with your request and proof of payment, and we will notify the relevant Artist and work together to find a mutually agreeable solution to the problem.
Please note Beamge does not guarantee permanent and continued access to any Artist Content, especially in cases of receipt of claimed infringement by a third party copyright owner. In such cases where Beamge is compelled to deny Users further access to any previously purchased Artist Content, Beamge is not obliged to issue any refund to the User, except as required by law. To prevent any inconvenience, Beamge always encourages Users to promptly download any purchased Artist Content into their personal devices to allow uninterrupted and continued usage of the same. Except for, and in connection to any fees payable against any applicable Beamge Service, no fees of any kind shall be due to any third parties, including, but not limited to performing, mechanical, or other rights society or to any union, guild, non-featured vocalist or musician, engineer or producer, music publisher, record label, or agent of any kind.
You shall use the Platform for lawful purposes only. You shall not post or transmit via the Platform any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Beamge's express prior approval, contains advertising or any solicitation with respect to products or services. In addition, if we feel that a User abuses our Platform in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible credit card fraud. Beamge reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification.
Availability of Services
We will do our best to offer you a smooth service, but we give no guarantees that Beamge will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to firstname.lastname@example.org, and we will attempt to correct the fault as soon as possible.
We may occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
User Generated Content / Use Restrictions / License
You agree that the Service provides Users with the ability to post, upload, and link and otherwise make Content available via the Service. You agree that Beamge is only acting as a passive conduit for your online distribution and publication of your Content. Beamge, however, reserves the right to remove any Content from the Service at its sole discretion.
By accessing the Beamge website, Users understand and acknowledge that Beamge is hereby granting them a worldwide, non-exclusive, non-transferable license to use, reproduce and modify Content, strictly for personal, non-commercial use. Prior written permission from Beamge and/or the individual Content copyright holder needs to be solicited for rights of any usage which is non-personal and commercial in nature. Users are explicitly prohibited to sell, rent, sub-license or otherwise exploit any Content that infringes any third party right.
You warrant and represent that uploaded, posted, or otherwise made available via the Platform will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights including, but not limited to, the right to edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform Content, and to use names and likeness of proprietary rights holders.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Service is solely your responsibility. Beamge is not responsible for any misuse of Content. Beamge is not obligated to pre-screen or monitor all Content.
Warranties / Representations / Indemnities
By uploading Music and/or Artworks, you hereby represent and warrant to Beamge, and can demonstrate to Beamge that:
- You are at least eighteen (18) years of age, you have the right and authority to enter into this Agreement and to grant to Beamge all aforementioned rights to uploaded Music and Artworks;
- You have the full authority to act on behalf of any other and all owners of any right, title or interest in and to any Music and/or Artwork you upload to the Platform (e.g., as a co-writer, a recording artist, a credited artist) and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement;
- You have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization (“PRO”), whether based in the United Kingdom or elsewhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to Beamge for the public performances and communications to the public of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Musical Works;
- You shall defend and indemnify Beamge and any of its affiliates (including any directors, members, officers, employees and other representatives) and hold them harmless against any third party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms of Service, including reasonable attorneys’ fees and expenses.
- You are solely liable to not infringe third party intellectual property rights; therefore you agree to not publish content on the Platform that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of the said rights.
- Elements of the Services are protected by copyright, trade dress, trademark, unfair competition, foreign laws, and the Services may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. Nothing in this Agreement or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Beamge content, images, logos without prior written permission specific for each such use. Use of the content as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Beamge in writing.
- If you discover any content on the Platform that you believe infringes your copyright, please report it to email@example.com.
Limitation of Liability
The User declares that he has been informed of the scope and limitations of the Internet network.
As a result, Beamge disclaims all liability for any malfunction in accessing the Service, in the speed at which web-pages load, open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Service, and the fraudulent use by third parties of the information provided on the Site.
Therefore, it is the User’s duty to protect his personal data and information or other equipment and hardware against any form of intrusion and/or virus contamination, for which Beamge can never be held liable. Beamge can never be held liable of any malfunction of or damage caused to the User’s equipment.
More broadly, Beamge disclaims all liability if a breach of any obligation results from nature, forces, or causes beyond its reasonable control, including but not limited to, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any insurmountable and unforeseen event which prevents the orders from being carried out properly.
The User is solely liable for his use of the Service and cannot hold Beamge liable for any claim and/or proceedings against him. The User shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against Beamge by a third party in relation to his use of the Service.
Finally, because Beamge is not the buyer or seller in any Merchandise Transaction, if a dispute arises between one or more participants in a Merchandise Transaction, then you release Beamge (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Because Beamge is not the buyer or seller in any actual Merchandise Transaction between Artists and fans and is not the agent of either for any purpose, Beamge does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Merchandise Transaction. Artists are individually responsible for compliance with all consumer rights laws applicable to their Merchandise Transactions, including EU Consumer Rights Laws.
What Information We Collect
When you choose to register for an account to access the Beamge website, we may request some information, including, but not limited to, your name and email address. We may also collect information about you when you participate in certain activities like winning prizes, completing a survey, participating in a contest or signing up for our newsletters, communicating with us via third-party social media sites, requesting customer support, or otherwise communicating with us.
If you create a Beamge account using a social network to log in, or connect with Facebook or another social network, we may also receive some information about you from that network e.g., your Facebook ID, name, profile picture, gender, friend list, birthdate, email address and Facebook registration date.
How We Use Your Information
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. We will securely process your personal data and use it for administration and operation of the website, including but not limited to the following purposes –
- To provide quality services
- To update and maintain your account with us
- To personalise user experiences and advertising
- To improve future website development
- To enable third parties to carry out technical and logistical functions on our behalf
- To notify you about changes to our service
You can subsequently withdraw your consent at any time by contacting us at firstname.lastname@example.org, or following the ‘unsubscribe’ link that is provided in emails from Beamge.
Any personal information that we process will be stored on a secure server behind a firewall. We will not retain your personal data for longer than is necessary for the processing. Where you have registered and provided your consent to receive communications from us, then we will retain your personal data for this purpose until your consent is withdrawn.
Disclosure of Your Information
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
We may use third-party advertising companies to serve ads when you visit the website. These companies may use information about your visits to the website and other websites that are contained in web cookies in order to provide advertisements about goods and services that may be of interest to you.
With your informed consent (opt-in) we may share your information with third parties for marketing purposes, as permitted by law.
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
All these third parties are carefully screened so we can ensure that there are adequate controls in place and, where relevant, that such third parties are GDPR compliant. Additionally, where this would result in the transfer of personal data outside the EEA, we have confirmed that there are appropriate transfer mechanisms in place.
Beamge does not sell your personal data. We disclose only that personal data that is necessary for the third party to deliver their specific service and we take all reasonable measures to ensure they keep your information fully secure and not use it for any purpose other than the one under which it was disclosed.
Data Storage and Security
The personal information which we hold will be held securely in accordance with our internal security policy and the appropriate Irish data protection laws as and where applicable. This data may be transferred to, stored at and processed in a destination outside the European Union. By submitting your personal information, you agree to such transfer, storing or processing. Beamge has implemented generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, or unauthorised alteration or destruction. Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Whilst we strive to use all reasonable efforts to protect your personal information, we cannot guarantee its absolute security. We will notify you promptly in the event of any breach of your personal information which might expose you to serious risk. We will never collect sensitive information about you without your explicit and informed consent.
Under the EU General Data Protection Regulation, you possess a number of rights in relation to your Personal Data. These rights include
- the right to be informed;
- the right of access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to data portability;
- the right to object; and
- rights in relation to automated decision making and profiling.
We are committed to upholding these rights. If you wish to exercise any of these rights, please contact us using the details provided below.
Where you have provided us with consent, you have the right to withdraw this consent at any time by contacting us directly or following the ‘unsubscribe’ link provided in any electronic communications you receive from us.
You also have the right to complain to a supervisory authority where you feel that our processing of your Personal Data has infringed your rights. The supervisory authority in the United Kingdom is the Information Commissioner’s Office (ICO): https://ico.org.uk.
Beamge has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address:
Attn: Data Protection Officer
Kemp House 160 City Road, London, EC1V 2NX, United Kingdom