Terms & Conditions

TERMS & CONDITIONS OF USE

Access to and use of the Trackmixers Media ("Trackmixers") website ("site" or "Trackmixers.com") is provided subject to these Terms and Conditions ("Terms and Conditions"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ACCESSING AND BROWSING THIS SITE (OTHER THAN TO READ THIS NOTICE FOR THE FIRST TIME) CONSTITUTES ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THESE TERMS AND CONDITIONS.

Ownership
This site is owned and operated by Trackmixers.com and contains material that is the legal property of Trackmixers.com, which actively and aggressively enforces its intellectual property rights to the fullest extent of the law. You may not modify, copy, reproduce, publish, upload, post, distribute, transmit or in any way exploit any material from this site, including code and software. Without limiting the generality of the foregoing, unless expressly authorized you may not distribute any part, feature or element of this site over any network, including a local area network, nor sell nor offer it for sale. This site (including, but not limited to, text, content, photographs, graphics, video, and audio content) is protected under the copyright laws of the United States and other countries and under international law. ANY UNAUTHORIZED PRESENTATION, MODIFICATION OR RECASTING OF THIS SITE IS EXPRESSLY PROHIBITED.

Trademarks, service marks, and logos ("Trademarks") displayed on this site are registered and unregistered Trademarks of Trackmixers.com or of third parties such as Trailblaze Studios. All other Trademarks, product names, and company names or logos displayed on this site are the property of their respective owners. The use of Trackmixers's Trademarks in the HTML code of any website other than those which have received the express authorization of Trackmixers constitutes trademark infringement and is expressly prohibited.

If an exclusive beat/rap instrumental is purchased by through the profile or beat market or through any other form on Trackmixers.com, then rights are no longer in possession of the creator, but the user who purchased the beat/rap instrumental.

User Restrictions
This site includes an audio interface which allow real-time interaction between participants, including via a flash chat feature. Trackmixers neither monitors nor exerts editorial control over such communication and assumes no responsibility for its content or nature. Participants are allowed to use the chat feature as long as they do not: Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

Although Trackmixers.com does not monitor for such behavior, it reserves the right to terminate access to any user who does not abide by these User Restrictions.

License to Trackmixers.com
Testimonials of Producer battles posted to Trackmixers.com e-mail or otherwise submitted to it will not be used by Trackmixers.com for commercial purposes, without written or verbal consent from that producer. Disclaimer of Warranty

This site, its audio interface, and other elements are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions. Trackmixers.com makes no representation or warranties of any kind with respect to this site or its contents. Specifically, Trackmixers.com does not warrant that this site, the audio interface, and other elements herein will be uninterrupted or error-free. USE OF THIS SITE IS AT THE RISK OF THE USER OR PARTICIPANT.

Purchasers of Beats on Trackmixers.com
It is important to understand how the Non Exclusive and Exclusive beats works when you are buying a beat on Trackmixers.com

A Non Exclusive beat is a beat that the producer offers anyone the right to use after they purchase it on Trackmixers.com A Non Exclusive beat is a beat where the producer is able to sell its rights multiple times. This means even though you buy the rights to use the beat, you are not the only entity who has the right to use this beat.

An Exclusive Beat is a beat that only one person can purchase and own the rights to use it. If an Exclusive beat is sold on Trackmixers.com, the buyer gains rights to use to beat. The buyer of the beat is the only person or company allowed to use this beat. The buyer gains the sole rights to use the beat, but cannot re sell the purchased beat. If the beat is used for commercial purposes with a record label with gross revenue of over $1,000,000, the producer must receive credit for the beat, unless agreed upon otherwise by the two parties.

Payment
Payment can either be with any major credit card or a Paypal account. Users that use checks must wait 3-4 business days to clear their checks. After that time they can go back to their paypal account and continue downloading the beat. Payments for Cash battle prizes, sales and affiliate sales will be made twice a month via paypal.



Buyers of Non-Exclusive beats are subject to the following license agreement:

NON EXCLUSIVE BEAT LICENSE AGREEMENT The Trackmixers.com Exclusive Producer (hereinafter referred to as the "Licensor") in accordance with the terms stated in this agreement gives __Purchaser__ (hereinafter referred to as the "Licensee") a license to lease a non-exclusive beat purchased from Trackmixers.com RIGHTS GRANTED TO THE LICENSEE Licensee does have the worldwide, non-exclusive, non transferable right for the use of the Music as long as additional audio/visual performances are recorded with our musical compositions (hereinafter referred to as “synchronization”) The licensee is granted permission to sell or broadcast only in synchronization or mechanical reproduction with other visual or audio performances (vocals) added by Licensee. Rights include distribution of phono-record demos created using the Trackmixers.com Exclusive Producer compositions. Licensee has distribution, performance and radio rights as long as they adhere to the following restrictions. Licensee understands that the rights that are being granted to the Licensee in this Agreement are non-exclusive and that the Licensor will have the full authority and full right to issue other parties the right to use the Original Instrumental Composition that is being licensed in this agreement. 1) The License expressly FORBIDS resale or other distribution of the Trackmixers.com Exclusive Producer's compositions, either as they exist or any modification thereof. You CANNOT sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all OR any of the products sold or their rights under Trackmixers.com to another user (example - Record Label, another production company, another producer), or for use in any competitive product. 2) The Licensee understands that the Original Instrumental Composition that is being licensed in this agreement does not contain any unapproved samples. The Licensee also understands that they are responsible for clearing all samples that they choose to use and that the Licensor cannot and will not be held liable for the misuse of any sampled material that the Licensee uses in conjunction with the Original Instrumental Composition that is being licensed in this agreement. 3) Licensee cannot resell, lease or license any compositions to another user without written permission from licensor. The Licensee understands that The Licensor maintains 100% copyright and ownership of the Original Instrumental Composition that is being licensed in this agreement, and the Licensee has neither the right nor authority to sell or license the rights to the Original Instrumental Composition weather in whole or part to any other party. 4) Licensee cannot use beat compositions as a background element in TV, Film and DVD projects without obtaining written consent and or another license agreement. 5) Licensee must supply the Trackmixers.com Exclusive Producer with at least 1 copy of each final recording made using the Trackmixers.com Exclusive Producer's Music. 6) Licensee must include on all productions the producer's name. Licensee agrees to display this statement on all physical media containing a portion or sum of the Original Instrumental Composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, Cards, etc. Example Credits Music produced by [the Trackmixers Exclusive Producer]. Music © 2007 All Rights Reserved. Used under License. MP3 Files Must Include - Produced by [the Trackmixers Exclusive Producer]. 7) Licensee may sell completed work using music from Trackmixers.com in any format. 8) Licensee must contact and inform licensor of CD sales exceeding 2,000 units. Licensor is only bound to this particular agreement until sales exceed 2,000 records distributed and sold at which licensor and licensee will adhere to another fair and honorable agreement. Licensor will remain copyright holder. 9) Use of the Trackmixers.com Exclusive Producer's compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the Trackmixers.com Exclusive Producer. If you are interested in using the Trackmixers.com Exclusive Producer's compositions for Radio Broadcast, Commercial Advertisement , Television Broadcast, Video Games, Internet, On-hold & In House Background Music, or film Soundtracks you must contact the Trackmixers.com Exclusive Producer directly in order to be granted such license. PERFORMANCE AGREEMENT 1) Licensee has the right to perform with the Trackmixers.com Exclusive Producer's music in public. If a the Trackmixers.com Exclusive Producer's music composition purchased by licensee is exploited regionally, nationally or world wide via radio, television, motion picture or in any other form of entertainment, licensee must contact licensor so that licensor can take proper steps in obtaining any performance royalties generated. 2) Licensor is the sole owner of the music referred to in this agreement. Licensee has no ownership of the Trackmixers.com Exclusive Producer's copyrights. 3) Licensee must comply with every aspect of this agreement or this license will be terminated. We are extremely fair and easy to work with as long as you adhere to our conditions. We are unmatched in allowing independent artists and record labels to sell 2,000 records without any compensation paid to us besides your initial payment for the license.

An Exclusive Beat is a beat that the producer can only sell the beat once. Once the beat is purchased, the buyer becomes the only person with rights to use the beat. The user gains the right to use it in commercial and non commercial venue. The buyer is not allowed to resell the beat to a third party. If the beat is used for commercial purposes with a record label with gross revenue of over $1,000,000, the producer must receive credit for the beat, unless agreed upon otherwise by the two parties.

Buyers of Exclusive beats are subject to the following license agreement:

EXCLUSIVE BEAT LICENSE AGREEMENT The Trackmixers.com Exclusive Producer (hereinafter referred to as the "Seller") in accordance with the terms stated in this agreement gives __Purchaser__ (hereinafter referred to as the "Buyer") the rights to exclusive beats purchased from Trackmixers.com. RIGHTS GRANTED TO THE BUYER Buyer does have the worldwide, exclusive, transferable right for the use of the Music as long as additional audio/visual performances are recorded with our musical compositions (hereinafter referred to as “synchronization”) The Buyer is granted permission to sell or broadcast only in synchronization or mechanical reproduction with other visual or audio performances (vocals) added by Buyer. Rights include distribution of phono-record demos created using the Trackmixers.com Exclusive Producer compositions. Buyer has distribution, performance and radio rights as long as they adhere to the following restrictions. Buyer understands that the rights that are being granted to the Buyer in this Agreement are exclusive and that the Seller will have the no authority and no right to issue other parties the right to use the Original Instrumental Composition that is being licensed in this agreement. 1) The License expressly FORBIDS resale or other distribution of the Trackmixers.com Exclusive Producer's compositions, either as they exist or any modification thereof. You CANNOT sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all OR any of the products sold or their rights under Trackmixers.com to another user (example - Record Label, another production company, another producer), or for use in any competitive product without written consent and or another license agreement. 2) The Buyer understands that the Original Instrumental Composition that is being licensed in this agreement does not contain any unapproved samples. The Buyer also understands that they are responsible for clearing all samples that they choose to use and that the Seller cannot and will not be held liable for the misuse of any sampled material that the Buyer uses in conjunction with the Original Instrumental Composition that is being licensed in this agreement. 3) Buyer cannot resell, lease or license any compositions to another user without written permission from Seller. The Buyer understands that The Seller maintains 100% copyright and ownership of the Original Instrumental Composition that is being licensed in this agreement, and the Buyer has the right to sell or license the rights to the Original Instrumental Composition weather in whole or part to any other party with written permission from the Seller. 4) Buyer cannot use beat compositions as a background element in TV, Film and DVD projects without obtaining written consent and or another license agreement. 5) Buyer must supply the Trackmixers.com Exclusive Producer with at least 1 copy of each final recording made using the Trackmixers.com Exclusive Producer's Music. 6) Buyer must include on all productions the producer's name. Buyer agrees to display this statement on all physical media containing a portion or sum of the Original Instrumental Composition that is being licensed in this agreement. Including but not limited to CD’s, CD covers, Cassette tapes, Cards, etc. Example Credits Music produced by [the Trackmixers Exclusive Producer]. Music © 2007 All Rights Reserved. MP3 Files Must Include - Produced by [the Trackmixers Exclusive Producer]. 7) Buyer may sell completed work using music from Trackmixers.com in any format. 8) Buyer must contact and inform Seller of CD sales if the Original Instrumental Composition is used for commercial purposes with a record label with gross revenue of over $1,000,000, the Seller must receive credit for the Original Instrumental Composition, unless agreed upon otherwise by the two parties. 9) Use of the Trackmixers.com Exclusive Producer's compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the Trackmixers.com Exclusive Producer. If you are interested in using the Trackmixers.com Exclusive Producer's compositions for Radio Broadcast, Commercial Advertisement, Television Broadcast, Video Games, Internet, On-hold & In House Background Music, or film Soundtracks you must contact the Trackmixers.com Exclusive Producer directly in order to be granted such license. PERFORMANCE AGREEMENT 1) Buyer has the right to perform with the Trackmixers.com Exclusive Producer's music in public. If a the Trackmixers.com Exclusive Producer's music composition purchased by Buyer is exploited regionally, nationally or worldwide via radio, television, motion picture or in any other form of entertainment, Buyer must contact Seller so that Seller can take proper steps in obtaining any performance royalties generated. 2) Buyer is the sole owner of the music referred to in this agreement. Buyer has no ownership of the Trackmixers.com Exclusive Producer's copyrights. 3) Buyer must comply with every aspect of this agreement or this license will be terminated. We are extremely fair and easy to work with as long as you adhere to our conditions.