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Terms and Conditions
Table of Contents:
The following describes the terms and conditions on which eRiddims.com (the "Service") offers you access to our services. If you are unsure of the meaning of any of these terms and conditions, please CONTACT US at: questions@eRiddims.com before becoming a member.
By submitting information to, or accessing information from this website, you, the end user customer ("Customer") agree to the following terms and conditions. This User Agreement is a legal agreement between you and Strive Entertainment LLC. ("Strive Entertainment" or the "Company"). eRiddims and eRiddims.com are registered trademarks of Strive Entertainment LLC.
If you do not agree to these terms and conditions, do not submit information to, or access information from, the Service. All questions concerning this User Agreement should be directed to:
Postal Mail:
eRiddims.com
Attn: Customer Service
P.O. Box 55223
Atlanta, GA 30308
This Agreement is effective on October 27, 2008, for current users, and upon acceptance for new users. Company may update this User Agreement at any time and without notice. The latest version of this Agreement is available on the eRiddims.com homepage (http://www.eRiddims.com).
Membership Privileges
Membership privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Company. A member shall not use another persons name or information to create an account. A member may not sign up for another person. Company requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the eRiddims system. Members are not permitted to share their individual logon information with others. Company has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the eRiddims service.
eRiddims.com utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Company the permission to communicate with customers via email (as well as other communication channels such as phone and fax) for any purposes Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers.
eRiddims.com may change, suspend or discontinue any aspect of the site at any time, including the availability of any feature, data, or Content. Company may also impose limits on certain features and services or restrict access to parts or all of the site without notice or liability.
Submission and Administration of Beat Listings
Customer agrees not to submit any music instrumentals (tracks or beats) biographical information, logos, photographs, contact or other information contained in each member's data to the eRiddims.com database unless the Customer has received all necessary copyrights and authorizations, including licenses for all samples used in productions from the original author and/or copyright owner, to publish and advertise original music instrumentals on the eRiddims.com website. The Company may, in its sole discretion but without any obligation to search for such, remove a beat listing (“Beat” or “Track”) or member account that is alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted businesses or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Beat, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the eRiddims website. The Company shall have the sole authority to choose the manner in which any Beat will be searched, displayed, accessed, downloaded, copied, and otherwise used on the eRiddims website and Company shall have the right to modify the beat listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Beats and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a Beat on the eRiddims system under a name other than the named licensed business agents that have been engaged by the Beat owner to market the beat under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Beats provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Beats posted on the eRiddims website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all beats, information, logos, photographs and other materials it provides to eRiddims.com.
General Account Guidelines
- Each member is entitled to only ONE (1) ACCOUNT. Members suspected and confirmed of having duplicate accounts will be terminated without commission or refund.
- Submitted audio material must be an INSTRUMENTAL (beat), not a full song. Excluding the chorus and/or hook, there must not be any voice (vocals) in the instrumental.
- The uploaded Beat Sample file should be a constant bit rate MP3, approximately 30 seconds in length and less than 1Mb in size. Suggested encoding rate is 192kbps at a 44.1kHz sampling rate.
- Your Master audio files must be either (i) a single stereo constant bit rate MP3 file encoded at a minimum of 128kbps at 44.1kHz sample rate OR (ii) a .ZIP file (folder) containing separated tracks. ZIP files may contain tracks only in one of the following formats: WAV, MP3, AIF and AIFF. Do not mix different file types within the ZIP file. Suggested file type: single MP3 file or ZIP file containing 16-bit Windows PCM (.WAV) files at 44.1kHz sampling rate (CD quality).
- Each uploaded Master file (either the single MP3 or .ZIP file) must be no greater than 100Mb in size.
- Beats can be sold on an Exclusive or Non-Exclusive basis.
- An Exclusive beat is one where the buyer purchases the Creative Commons Attribution-Share Alike 3.0 License
 . This license grants the purchaser the right to use the beat as they choose, including for commercial purposes, but production credit (acknowledgment) must be given to the authoring producer. When a Beat is sold exclusively, it will be sold only once and then removed from the site.
- A Non-Exclusive beat is one where the buyer purchases the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License
 . This license grants the purchaser the right to use the beat for any non-commercial purpose, but production credit must be given to the authoring producer. When a beat is sold Non-Exclusively, it can be sold multiple times. For both Exclusive and Non-Exclusive beats, the authoring producer retains all ownership rights to the beat.
- Once a Beat has been sold as NON-EXCLUSIVE, it can not be changed to EXCLUSIVE
- There are no file space limitations regarding account space. Each member has UNLIMITED SPACE and may upload and sell as many beats as they desire.
- Upon uploading a beat, please choose the musical Genre and Style that most closely fits.
- The Beat Description:
- must pertain to the specific Beat being submitted.
- must NOT contain marketing language that promotes non-relevant entities and should not include any links to images or unrelated websites.
- must not contain any information that provides a method to circumvent the purpose of this website.
- shall not contain email or website addresses.
eRiddims.com will remove any content that is inappropriate for the general public and/or violates the terms of this agreement.
- Members may submit beats containing CLEARED samples. However, if your Beat has uncleared samples, you must provide written proof of your permission to use the samples, if requested. If this proof is not provided, that member's account will be deactivated and possibly terminated without commission or refund.
- Each member is responsible for determining whether they have the legal right to use samples, logos, photographs (or other materials) submitted to the eRiddims.com website. If you do not hold the copyright and/or trademark for the material, you must have documented written permission from the copyright or trademark holder. If eRiddims.com determines that someone other than the legal copyright or trademark holder (or official agent) has submitted material, that member's beats and account will be deactivated and possibly terminated without commission or refund.
- eRiddims.com reserves the right to review and approve beat listings before posting on the site.
- ALL SALES ARE FINAL ON eRiddims.com. Exception: Buyers have 48 hours after making payment to file a dispute. Buyers may file a dispute only if: a. they were unable to download the beat, b. the beat was incomplete or damaged, c. the beat was not the same beat that was in the 30-second sample. When a dispute is filed, sales proceeds are withheld from the seller until the dispute is resolved. All disputes are handled individually on a case-by-case basis. If no dispute is filed within 48 hours after the purchase, eRiddims™ releases the proceeds from the sale to the seller.
- The minimum price to purchase or sell a beat is $10.
- eRiddims.com currently uses PayPal exclusively as a method of payment. If you do not have a PayPal account you can create one HERE.
- Producers (sellers) will receive payment of the NET amount which is equivalent to the Sales price minus the eRiddims fee. Net profits are available 48 hours after each sale, via their Member Account area. Just click the 'Pay Me Now' button to instantly receive your earnings transferred into your personal PayPal account.
- A $100 minimum payout amount applies to all Sellers. Only transfer amounts of $100 or greater are eligible. Only sellers who permanently close their accounts are eligible to request final payments of less than $100.
- For details regarding eRiddims™ fees, please refer to the User Agreement.
- Price Negotiations: Buyers can make offers on Beats listed for sale. When a Buyer makes an offer, Sellers are notified via email. When the Seller returns to the eRiddims.com website they can ACCEPT, REJECT or issue a COUNTER OFFER. Accepting the offer implies that the Seller agrees to sell the Beat for the offered price. This alone does NOT finalize the sale. The buyer is then notified via email that their offer has been accepted and the Buyer is instructed to return to eRiddims.com to make payment and complete the transaction. When the payment has been made, a Purchase Confirmation email will be delivered to both parties. If no purchase confirmation is received, the Buyer has not yet made payment and the Beat will remain publicly available for sale on the site until the payment has been made. Declining the offer implies that the Seller (or Buyer) does not agree to sell (or buy) the beat for the offered price. The other party is notified and is given the opportunity to make a new offer at a higher price. The Beat remains publicly available for sale on the site at the listed price and the Seller will still continue to receive all offers made on the Beat.
Use of Information
Customer agrees to treat all information obtained from the Service, including beat listings, Artist and Producer directories (“Directories”), pricing reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to Company. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.
Payment Terms
Customer agrees to pay for all products ordered through the eRiddims web site using the payment method indicated (PayPal Inc.) and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of eRiddims products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer. Customer may cancel their eRiddims membership by clicking the link in their Account Information area or by sending email to membership@eRiddims.com. All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly providing the Company with any contact or billing information changes or updates (including email address, etc.).
Listing Restrictions
All Beat listings must be added in accordance with the Submission and Administration of Listings terms, as above. Customer acknowledges that beat listings will only be live on the eRiddims™ web site if Member's account status is active and in good standing. When uploading beats, all required files and information must be provided in completion. If incomplete, the beat listing will be inactive (not publicly displayed on the site). Once a Beat has been sold as NON-EXCLUSIVE, it can never be changed to EXCLUSIVE. Once a Beat has sold as EXCLUSIVE, it is immediately removed from the site. For questions on what you can and can not do (licensing and copyright) with Beats after purchasing, please refer to the General Account Guidelines and the eRiddims™ Copyright Policy. Company reserves the right to remove duplicate listings and those that are deemed excessive in number or in violation of the Submission and Administration of Listings terms. Company also reserves the right, in its sole discretion, to remove any listing from the Service.
Unsolicited Commercial Email (Spam)
Company prohibits the use of our system or its tools to generate or send unsolicited commercial email or internal private messages (spam). Customers may not use the messaging services that Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Company has the right to revoke the privileges of any customer or company that breaches these terms.
Ownership and License Grant
Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the eRiddims™ web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Company's technology or delete or alter author attributes or copyright notices. Customer shall use the eRiddims™ system solely for their own use and shall not allow others to use the eRiddims™ system under or through that Customer's login ID/email and password. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired. By uploading files, inputting data or engaging in any other form of communication with eRiddims.com, you hereby grant to eRiddims™ a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against eRiddims™ for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. This waiver does not and shall not be construed to include Beats posted for sale on eRiddims.com. eRiddims™ hereby acknowledges that all Beats placed for sale on the site shall remain the property of the Seller, until license passes to a Buyer through the sale process. If such Beat is not sold, its Seller shall retain all rights, duties and liabilities associated with ownership of the Beat.
Limitation of Liability and Indemnification
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and Company's entire liability under this Agreement shall be a refund to Customer of the fees paid (if applicable) to Company hereunder, and in no event will Company's liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Company (and Company's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.
Warranty Disclaimers
THE BEAT LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE BEAT LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES of AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
The eRiddims.com web site may contain hyperlinks to other web sites operated by parties other than Company and its subsidiaries which are beyond Company's control. Parties other than Company may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Company's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the eRiddims.com site. Company does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Company does not assume any liability for the actions, product, and content of all of these and any other third parties. Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the BizBuySell site, the site you will land on is not controlled by Company and different terms of use and privacy statements may apply. Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of Company
Customer agrees that Company shall have the right to use Beats and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by eRiddims customers and partners. Company shall have sole authority to choose the manner in which any Beats will be received, displayed and used by the Service, and reserves the right to remove all or any part of a member account or beat listing, or refuse Services to anyone at any time in its sole discretion. Company shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the beat listings. Company reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these Terms and Conditions is posted and available for review at http://www.eRiddims.com/termsUse.aspx
Miscellaneous
This Agreement, and the Deliverables provided by Company shall be governed by the laws of the District of Columbia, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the courts of Washington, DC. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Company, which retains the right to withhold consent in its sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt.
Last Updated: October 27, 2008
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