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TERMS & CONDITIONS OF USE
Access to and use of the RocBattle Media ("RocBattle") website
("site" or "RocBattle.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 True Executives and contains material
that is the legal property of True Executives, 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. RocBattle.com is specially designed
to let producers sell their exclusive and non exclusive beats and rap
instrumentals, and engage in online producer battles. 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 True Executives 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 RocBattle's Trademarks in the HTML code
of any website other than those which have received the express
authorization of RocBattle constitutes trademark infringement and is
expressly prohibited.
Users producers beats on RocBattle.com are not owned by RocBattle.com, but
by the producer who created the beat. Users are only able to sell their
beats or add their beats to their profile if they join the premium
membership which is $6.95 USD per month.
If an exclusive beat/rap instrumental is purchased by through the profile
or beat market or through any other form on RocBattle.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. RocBattle 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 RocBattle.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 RocBattle.com
Testimonials of Producer battles posted to RocBattle.com e-mail or
otherwise submitted to it will not be used by RocBattle.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. RocBattle.com makes no representation or warranties of any kind
with respect to this site or its contents. Specifically, RocBattle.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.
Rules for Uploading Beats
Any beat that is being posted by a producer must be beat that is
produced/or owned by the producer.
If a seller is selling beats on Rocbattle.com, they must be original and not
sampled. Rocbattle.com has no way to tell if a beat is sampled and they
cannot be held liable for any sampled or falsely presented beats. The
producers who claim this is their original work are to be held liable for
any issues dealing with beat fraud or sampling.
Purchasers of Beats on RocBattle.com
It is important to understand how the Non Exclusive and Exclusive
beats works when you are buying a beat on RocBattle.com
A Non Exclusive beat is a beat that the producer offers anyone the right
to use after they purchase it on RocBattle.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 RocBattle.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 or once a month via check.
Beat Transfer Fee
The beat transfer/brokerage fee is a $0.99 fee that accounts for
the service and space of transferring the beat to the buyer. The buyer pays
for this as opposed to the producer as the producer receives full money for
their beat at Rocbattle.com. The cost is to insure the beat is transferred
as smoothly and error free as possible.
Sellers of Beats on RocBattle.com
It is important to understand how the Non Exclusive and Exclusive
beats works when you are selling a beat on RocBattle.com.
A Non-Exclusive beat are beats that a producer can sell the rights to use
the beat to multiple people on RocBattle.com This means even though you have
sold the beat once, you are able to sell it to as many people as you would
like.
Buyers of Non-Exclusive beats are subject to the following license agreement:
NON EXCLUSIVE BEAT LICENSE AGREEMENT
The RocBattle.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 RocBattle.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 RocBattle.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 RocBattle.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 RocBattle.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 RocBattle.com Exclusive Producer with at least 1 copy of each final recording made using the RocBattle.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 RocBattle Exclusive Producer].
Music © 2007 All Rights Reserved. Used under License.
MP3 Files Must Include - Produced by [the RocBattle Exclusive Producer].
7) Licensee may sell completed work using music from RocBattle.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 RocBattle.com Exclusive Producer's compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the RocBattle.com Exclusive Producer. If you are interested in using the RocBattle.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 RocBattle.com Exclusive Producer directly in order to be granted such license.
PERFORMANCE AGREEMENT
1) Licensee has the right to perform with the RocBattle.com Exclusive Producer's music in public. If a the RocBattle.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 RocBattle.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.
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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 RocBattle.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 RocBattle.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 RocBattle.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 RocBattle.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 RocBattle.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 RocBattle.com Exclusive Producer with at least 1 copy of each final recording made using the RocBattle.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 RocBattle Exclusive Producer].
Music © 2007 All Rights Reserved.
MP3 Files Must Include - Produced by [the RocBattle Exclusive Producer].
7) Buyer may sell completed work using music from RocBattle.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 RocBattle.com Exclusive Producer's compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the RocBattle.com Exclusive Producer. If you are interested in using the RocBattle.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 RocBattle.com Exclusive Producer directly in order to be granted such license.
PERFORMANCE AGREEMENT
1) Buyer has the right to perform with the RocBattle.com Exclusive Producer's music in public. If a the RocBattle.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 RocBattle.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.
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Cash Battles
Users must be at least 18 years old in order to participate and receive prizes from Rocbattle.com
Cash battles are battles that give Exclusive members exposure through advertising across the Rocbattle.com network. Users will receive the following amount of banner impressions depending on the amount invested for banners on the cash battle: $5/5000 Banners, $10/10000 Banners, $20/20000 Banners, $30/30000 Banners, $40/40000 Banners, $50/50000 Banners, $60/60000 Banners, $70/70000 Banners, $80/80000 Banners, $90/90000 Banners, $100/100000 Banners.
The user will pay the PayPal fees upon deposit of cash into their Rocbattle.com account. The fee is 2.9% +$0.30 and can be higher or lower depending on currency being used, and the frequency on the PayPal account being used. For example if you want $100.00 to use in your Rocbattle.com account, you should add around $104.00 to achieve this.
The winner of a cash battle will receive a cash prize and this will be added to their My Account Page.
The prize will be added to your account. The amount added will be double of what you paid for advertising less 10% of the total cash battle prize.
You are able to get paid by check for no extra fees if your account balance is greater than $50. You can get paid via PayPal at any time, but you may incur charges of approximately 3% from Paypal for receiving the money.
RocBattles
An official RocBattle is a battle where the Grand Champion from the tournament battles Rockwilder. In these battles staff votes are weighted to ensure that the battles are judged fairly, and accurately.
Fees for Selling
RocBattle.com does not make any money off the producers in terms of
payment fees. Although RocBattle.com offers a no commission fee, producers
will be liable for all Paypal and credit card fees incurred in a
transaction. For example if a producer sells a beat for $12USD they may only
receive $10 for the beat after all Paypal fees are covered. There is a beat
transfer fee for selling beats, but the buyer pays for it. This is to ensure
that producers get the full amount for the beat.
Fraud/Sampling
If a seller is selling beats on Rocbattle.com, they must be original and not
sampled. Rocbattle.com has no way to tell if a beat is sampled and they
cannot be held liable for any sampled or falsely presented beats. The
producers who claim this is their original work are to be held liable for
any issues dealing with beat fraud or sampling.
Payment
Producers will be paid out monthly. The producer
can accept payment by check or by Paypal. Their will be no charge to receive
the payment by check. The producer is responsible for all service fees of
Paypal if accepting payment by Paypal.
Sampling
RocBattle.com has a secure system to prevent sampling. If any sort
of sampling does occur, it is not the responsibility of RocBattle.com.
Affiliate Program
You are unable to buy beats through your own affiliate program to receive a discount. Anyone found doing this will not receive a commission, and
could get their account suspended
Fraud
Anyone found attempting to scam or fraud Rocbattle.com, will be banned from Rocbattle and the proper authorities will be notified. They will not
be entitled to any money owed to them for violating our policies.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
RocBattle be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of, or the inability to use,
this site, and other elements herein. RocBattle is not liable for the
defamatory, offensive or illegal conduct of any user or participant. The
sole and exclusive remedy for a user or participant dissatisfied with this
site or with any of its Terms or Conditions is to discontinue using the
site. BY CONTINUING TO USE RocBattle.com, A USER OR PARTICIPANT AGREES TO
ABIDE BY THESE TERMS AND CONDITIONS.
Links to Other Websites
This site may include links providing direct access to other Internet
sites maintained by third parties. RocBattle has no control over the
development of these sites, exerts no control, editorial or otherwise, over
their contents, assumes no responsibility for material at these sites, nor
recommends any information, products or services presented on these
sites.
Links to RocBattle.com
Links to RocBattle.com are welcomed and encouraged. Any links, however,
should be to the homepage (www.RocBattle.com) and not to any internal pages
of the site.
Applicable Law
These Terms and Conditions and resolution of disputes that might arise
thereof shall be governed by and construed in accordance with the laws of
the United States and Canada, without regard to its conflict of laws rules.
This site is controlled and operated by RocBattle from its offices within
The United States.
Miscellaneous Provisions
RocBattle may at any time revise these Terms and Conditions by updating
this page. Users of this site and participants in the games contained herein
are bound by any such revisions and should therefore periodically visit this
page to review the then current Terms and Conditions to which they are
bound.
If any provision of these Terms and Conditions shall be unlawful, void, of
for any reason unenforceable then that provision shall be deemed severable
from these Terms and Conditions and shall not affect the validity and
enforceability of any remaining provisions.
Questions or comments regarding the Terms and Conditions of use for
RocBattle.com should be directed to: support@RocBattle.com
Forum Rules
Registration to this forum is free! We do insist that you abide by
the rules and policies detailed below. If you agree to the terms, please
check the 'I agree' checkbox and press the 'Register' button below. If you
would like to cancel the registration, click here to return to the
forums index.
Although the administrators and moderators of RocBattle.com will attempt
to keep all objectionable messages off this forum, it is impossible for us
to review all messages. All messages express the views of the author, and
neither the owners of RocBattle.com, nor Jelsoft Enterprises Ltd.
(developers of vBulletin) will be held responsible for the content of any
message.
By agreeing to these rules, you warrant that you will not post any
messages that are obscene, vulgar, sexually-oriented, hateful, threatening,
or otherwise volatile of any laws.
The owners of RocBattle.com reserve the right to remove, edit, move or
close any thread for any reason.
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Unique23 vs AzraeliusDiabloz
