LabJockeys.com General Terms and Conditions

These General Terms and Conditions (Terms and Conditions) are between you and LabJockeys, company organized under the laws of the state of South Carolina.

As used herein, the term 'LabJockeys', 'Website', 'Company' refers to LabJockeys, ., the sole owner and operator of the Website; the term 'you' or 'your' refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

Use of LabJockeys signifies your agreement to the terms and conditions of use set forth below in the Agreement:

1.   You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.

2.   Company may monitor your use of this Company Web Site, and may freely use and disclose any information and materials received from you or collected through your use of LabJockeys for any lawful reason or purpose. Company shall not however sell or otherwise disclose any personal information or materials received from you for any monetary gain.

3.   Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on LabJockeys. You are deemed to have read, understood, and agreed to any changes in the Agreement if you continue to use LabJockeys after such changes.

4.   LabJockeys is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on LabJockeys are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on LabJockeys.

5.   Company may change, suspend or discontinue any aspect of LabJockeys at any time, including the availability of any Company Web Site feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of LabJockeys without notice or liability

6.   You represent, warrant and covenant that:
6.1.   You shall not upload, post or transmit to or distribute or otherwise publish through LabJockeys any materials which:
6.1.a.   Restrict or inhibit any other user from using and enjoying LabJockeys;
6.1.b.   Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
6.1.c.   Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
6.1.d.   Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
6.1.e.   Contain a virus or other harmful component;
6.1.f.   Contain any information, software or other material of a commercial nature;
6.1.g.   Contain advertising of any kind, or
6.1.h.   Constitute or contain false or misleading indications of origin or statements of fact; and
6.2.   That you are at least sixteen (16) years old.
6.3.   And if you are buying beats or services or selling beats on this website you must be at least eighteen (18) years old

7.   You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the 'Indemnified Parties') harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.

8.   You acknowledge and agree to indemnify and defend and hold harmless the Indemnified Parties for any direct or indirect losses, injuries, special or incidental or consequential damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any third party web site, or arising from or in connection with the use of the program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of services, content or program materials, including without limitation, any losses due to server problems, computer or other equipment failure, or due to incorrect placement of HTML, regardless of whether such loss arises upon a breach of contract, negligence or any other claim or cause of action. In the event of any network downtime, computer or technical error Company shall not be held liable for any lost of data, income or any other item of value, whether tangible or otherwise, on the website.

9.   LabJockeys contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of LabJockeys. Links to and from Company Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.

10.  Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through LabJockeys. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of LabJockeys.

11.  Company does not and cannot review all materials posted to LabJockeys by users, and Company is not responsible for any such materials posted by users, especially with respect to message boards currently operative or which Company may at a later date make or cause to become operable. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.

12.  LabJockeys, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH LabJockeys, IS PROVIDED 'AS IS'. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON LabJockeys OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH LabJockeys, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH LabJockeys OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN LabJockeys OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT LabJockeys OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF LabJockeys, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

13.  By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively 'Communications') to LabJockeys, you hereby grant to Company 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 Company 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 Company Web Site. Company hereby acknowledges that all beats placed for sale on Company Web Site shall remain the property of the seller, until title 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.

14.  You acknowledge that transmission to and from this Company Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied, or any other relationship is created between you and Company other than pursuant to this Agreement.

15.  THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MICHIGAN.

16.  This Agreement constitutes the entire agreement between Company and you with respect to your use of LabJockeys. Any cause of action you may have with respect to your use of LabJockeys must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Internet site.

BEAT LICENSING AGREEMENT

(Exclusive & Non Exclusive Beat License Agreement)

License to LabJockeys.com

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. LabJockeys.com makes no representation or warranties of any kind with respect to this site or its contents. Specifically, LabJockeys.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

Rules for uploading beats include but are not limited to:
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 LabJockeys.com, they must be original and not sampled. LabJockeys.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 LabJockeys.com

It is important to understand how the Non Exclusive and Exclusive beats work when you are buying a beat on LabJockeys.com. A Non Exclusive beat is a beat that the producer offers anyone the right to use after they purchase it on LabJockeys.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 LabJockeys.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 resell the purchased beat. Also, the producer must receive credit for the beat, unless agreed upon otherwise by the two parties.

Sellers of Beats on LabJockeys.com

It is important to understand how the Non Exclusive and Exclusive beats works when you are selling a beat on LabJockeys.com.??A Non-Exclusive beat is a beat that a producer can sell the rights to use to multiple people on LabJockeys.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 LabJockeys.com 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 LabJockeys.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 (digital and physical) created using the LabJockeys.com Producer's 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 LabJockeys.com 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 LabJockeys.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 whether 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 include on all productions the producer's name. Licensee agrees to display this statement on all physical and digital media containing a portion or sum of the Original Instrumental Composition that is being licensed in this agreement including but not limited to Mp3s, CD?s, CD covers, Cassette tapes, Cards, etc.

Example Credits

Music produced by [the LabJockeys Producer's Name].

Music © 2011 All Rights Reserved. Used under License.

MP3 Files Must Include - Produced by [the LabJockeys Producer's Name].

7) Licensee may sell completed work using music from LabJockeys.com in any format.

8) Licensee must contact and inform licensor of digital and/or physical 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 LabJockeys.com Producer's compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the LabJockeys.com Producer. If you are interested in using the LabJockeys.com 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 LabJockeys.com Producer directly in order to be granted such license.

Performance Agreement

1) Licensee has the right to perform with the LabJockeys.com Producer's music in public. If a the LabJockeys.com 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 LabJockeys.com Producer's copyrights.??3) LabJockeys Producers shall be paid a royalty rate of 3% of the Suggested List Retail Price (SLRP) of each song sold and paid for in the United States. Payments of royalties from foreign sources shall be ONE HALF (1.5%) of the United States royalty rate. All fees paid to the Producer here under shall constitute recoupable advances which shall be recouped prior to further payment of royalties.??4) Licensee must comply with every aspect of this agreement or this license will be terminated.??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 venues. The buyer is not allowed to resell the beat to a third party. If the beat is used for commercial or promotional purposes 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 LabJockeys.com 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 LabJockeys.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 (physical or digital) created using the LabJockeys.com Producer's 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 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 LabJockeys.com 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 LabJockeys.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 whether 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 include on all productions the producer's name. Buyer agrees to display this statement on all physical and digital media containing a portion or sum of the Original Instrumental Composition that is being licensed in this agreement including but not limited to Mp3s, CD?s, CD covers, Cassette tapes, Cards, etc.

Example Credits

Music produced by [the LabJockeys Producer's Name].

Music © 2011 All Rights Reserved. Used under License.

MP3 Files Must Include - Produced by [the LabJockeys Producer's Name].

7) Buyer may sell completed work using music from LabJockeys.com in any format.

8) Buyer must contact and inform Seller of physical and/or digital 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 LabJockeys.com Producer's compositions in isolation (without synchronization of vocal performance) is not permitted without obtaining a special Multimedia license directly from the LabJockeys.com Producer. If you are interested in using the LabJockeys.com 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 LabJockeys.com Producer directly in order to be granted such license.

Performance Agreement

1) Buyer has the right to perform with the LabJockeys.com Producer's music in public. If a the LabJockeys.com 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 LabJockeys.com Producer's copyrights.??3) LabJockeys Producers shall be paid a royalty rate of 3% of the Suggested List Retail Price (SLRP) of each song sold and paid for in the United States. Payments of royalties from foreign sources shall be ONE HALF (1.5%) of the United States royalty rate. All fees paid to the Producer here under shall constitute recoupable advances which shall be recouped prior to further payment of royalties.??4) Buyer must comply with every aspect of this agreement or this license will be terminated.

Fraud/Sampling

If a seller is selling beats on LabJockeys.com, they must be original and not sampled. LabJockeys.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 90% of sales monthly through payment by Paypal (Payment is instant). The producer is responsible for all service fees of Paypal if accepting payment by Paypal.

Sampling

If any sort of sampling does occur, it is not the responsibility of LabJockeys.com.

Fraud

Anyone found attempting to scam or fraud LabJockeys.com, will be banned from LabJockeys 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 LabJockeys, 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. LabJockeys 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 LabJockeys.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. LabJockeys 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.

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 LabJockeys, from its offices within the United States.

Miscellaneous Provisions

LabJockeys may at any time revise these Terms and Conditions by updating this page. Users of this site 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 LabJockeys.com should be directed to: LabJockeys@live.com