WWW.PRO-LINEBEATS.

COM TERMS AND CONDITIONS

BACKGROUND:
This agreement applies as between you, the User of this Website and Pro-Line Beats Limited
(t/a www.pro-linebeats.com) is a company registered in England and Wales under number
09351920 whose registered office is at Suite A, Jubilee Centre, 10/12 Lombard Road, South
Wimbledon, London, SW19 3TZ (the Licensor) and the owner(s) of this Website. Your
agreement to comply with and be bound by Clauses 1 3, 5 9, the relevant sub-Clauses of
11 and 12 21 of these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 4, 10 and the relevant sub-Clauses of 11 apply only to Paid Content and
subscriptions. If you do not agree to be bound by these Terms and Conditions, you should
stop using the Website immediately.

1.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
Account

means collectively the personal information, payment

information and credentials used by Users to access
Paid Content and / or any communications System on
the Website;

Content

means any text, graphics, images, audio, video,

software, data compilations and any other form of
information capable of being stored in a computer that
appears on or forms part of this Website;

Free Content

means any Content that is accessible without the

payment of a Subscription Fee;

Learning
Establishment

means any provider of education to persons of any age

including, but not limited to, schools, colleges,
universities and professional / adult education providers;

Paid Content

means Content accessible only upon the creation of an

Account and the payment of a Subscription Fee;

Premises

means place our business trades from, Suite A, Jubilee

Centre, 10/12 Lombard Road, South Wimbledon,
London, SW19 3TZ;

Service

means collectively any online facilities, tools, services or

information (in particular the downloading and
purchasing of instrumental music beats)) that www.prolinebeats.com makes available through the Website
either now or in the future;

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2.

Subscription Fee

means a one-off sum of money paid by Users to activate

their Account and to enable them to access Paid
Content. This payment may be repeated to activate
subsequent subscriptions with limitation;

Subscription Period

means the period for which a subscription has been

purchased and may refer to 48 hours accordingly;

System

means any online communications infrastructure that

www.pro-linebeats.com makes available through the
Website either now or in the future. This includes, but is
not limited to, web-based email, message boards, live
chat facilities and email links;

User / Users

means any third party that accesses the Website and is

not employed by www.pro-linebeats.com and acting in
the course of their employment;

Website

means the website that you are currently using

(www.pro-linebeats.com) and any sub-domains of this
site unless expressly excluded by their own terms and
conditions;

We/Us/Our

means www.pro-linebeats.com and Pro-Line Beats

Limited, Company registration number: 09351920

Age Restrictions
Persons under the age of 16 should use this Website only with the supervision of an
Adult. Payment Information must be provided by or with the permission of an Adult.

3.

Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of
business. If you are a business customer please contact us directly on
prolinebeats@gmail.com

4.

International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes
may be incurred once your Goods are downloaded in their destination. We are not
responsible for these charges and we undertake to make no calculations or estimates
in this regard. If you are buying internationally, you are advised to contact your local
customs authorities for further details on costs and procedures. As the purchaser of
the Goods, you will also be the importer of record and as such should ensure that
your purchase is in full compliance with the laws of the country into which the Goods
are being imported via download. Please also be aware that United Kingdom
consumer protection laws may not apply.

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5.

6.

Intellectual Property
5.1

Subject to the exceptions in Clause 5 of these Terms and Conditions, all

Content included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the property of
www.pro-linebeats.com or our affiliates. By continuing to use the Website you
acknowledge that such material is protected by applicable United Kingdom
and International intellectual property and other laws.

5.2

Material from the Website may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 or those detailed in Clauses 6 and 7 of these Terms and
Conditions apply.

Use of Free Content

Subject to the provisions of this Clause 3, you may print, reproduce, copy, distribute,
store or in any other fashion re-use Free Content from the Website for personal use
only unless otherwise indicated on the Website or unless given Our express written
permission to do otherwise. Specifically you agree that:

7.

6.1

You will not use the Free Content of the Website for commercial purposes
unless given Our express written permission to do so;

6.2

You will not systematically copy Free Content from the Website with a view to
creating or compiling any form of comprehensive collection, compilation,
directory or database unless given Our express written permission to do so;

Use of Paid Content

7.1

Payment of a Subscription Fee grants you a licence to use all Paid Content on
the Website for the duration of your subscription. You may use such Content
in the following ways:
7.1.1

for personal purposes; or

7.1.2

for production purposes with the correct royalties agreement, please

see our separate terms and conditions which relates to this section.

7.2

Commercial use of Paid Content is not permitted under the terms of a normal
subscription. Please contact Us for details of commercial level subscriptions
and the accompanying Terms and Conditions.

7.3

Under such a licence, you agree that:

7.3.1

you will not use the Paid Content of the Website for commercial
purposes unless given Our express written permission to do so;

7.3.2

you will not systematically copy Paid Content from the Website with a
view to creating or compiling any form of comprehensive collection,
compilation, directory or database unless given Our express written
permission to do so which is highly likely to be declined.

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8.

7.3.3

The intro voice tag must be kept and credit must be given wherever the
beat/song is presented whether it be at a live venue, digitally or
physically e.g. You Tube, Art work, Sound cloud and so forth.

7.3.4

Any samples used need to be cleared by the artist and Pro-Line Beats
Limited are not responsible for any association unless otherwise
specific clearance is agreed in writing.

Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights
subsisting therein belongs to other parties. This Content, unless expressly stated to
be so, is not covered by any permission granted by Clauses 6 and 7 of these Terms
and Conditions to use Content from the Website. Any such Content will be
accompanied by a notice providing the contact details of the owner and any separate
use policy that may be relevant.

9.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites
are not under the control of www.pro-linebeats.com or that of Our affiliates. We
assume no responsibility for the content of such websites and disclaim liability for any
and all forms of loss or damage arising out of the use of them. The inclusion of a link
to another site on this Website does not imply Our endorsement of the sites
themselves or of those in control of them.

10.

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the
home page of the site www.pro-linebeats.com without Our prior permission. Deep
linking (i.e. links to specific pages within the site) requires Our express written
permission. To find out more please contact Us by email at prolinebeats@gmail.com
or in writing to our head office.

11.

Use of Communications Facilities

11.1

When using any System on the Website you should do so in accordance with
the following rules:
11.1.1 you must not use obscene or vulgar language;
11.1.2 you must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or racist;
11.1.3 you must not submit Content that is intended to promote or incite
violence;
11.1.4 it is advised that submissions are made using the english language(s)
as We may be unable to respond to enquiries submitted in any other
languages;

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11.1.5 the means by which you identify yourself must not violate these Terms
and Conditions or any applicable laws;
11.1.6 you must not engage in any form of commercial advertising. This does
not prohibit references to businesses for non-promotional purposes
including references where advertising may be incidental;
11.1.7 you must not impersonate other people, particularly employees and
representatives of www.pro-linebeats.com or Our affiliates; and
11.1.8 you must not use Our System for unauthorised mass-communication
such as spam or junk mail.

12.

11.2

You acknowledge that www.pro-linebeats.com reserves the right to monitor

any and all communications made to Us or using Our System.

11.3

You acknowledge that www.pro-linebeats.com may retain copies of any and

all communications made to Us or using Our System.

11.4

You acknowledge that any information you send to Us through Our System
may be modified by Us in any way and you hereby waive your moral right to
be identified as the author of such information. Any restrictions you may wish
to place upon Our use of such information must be communicated to Us in
advance and We reserve the right to reject such terms and associated
information.

Accounts
12.1

In order to access Paid Content on this Website and to use certain other parts
of the System you are required to create an Account which will contain certain
personal details which may vary based upon the type of Account that you
choose. By continuing to use this Website you represent and warrant that:
12.1.1 all information you submit is accurate and truthful;
12.1.2 you have permission to submit Payment Information where permission
may be required; and
12.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and
warranty.

13.

12.2

Sharing of accounts is not permitted unless We expressly authorise it in

writing. You are required to keep your Account details confidential and must
not reveal your username and password to anyone. If you use a shared
computer, it is recommended that you do not save your Account details in your
internet browser.

12.3

When choosing your username you are required to adhere to the terms set out
above in Clause 11. Any failure to do so could result in the suspension and/or
deletion of your Account.

Subscriptions and Cancellation

13.1

You are required to pay a Subscription Fee on the date that you activate your
subscription. Your credit / debit card will be billed once on activation and will

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not be billed again unless you actively choose to renew your subscription.
Renewing your subscription will constitute the creation of a new contract
between www.pro-linebeats.com and you and will thus be subject to all of the
provisions of this Clause 13 and in particular sub-Clauses 13.3 to 13.8.
13.2

Your first payment will be at the price advertised on the Website. www.prolinebeats.com reserves the right to change Subscription Fees from time to
time and any such changes may affect the price of subsequent renewals. We
reserve the right to make any special offers to any customers as We alone
deem appropriate.
For further information on subscriptions and pricing, please visit Our
Subscriptions page www.pro-linebeats.com/purchasingoptions.

13.3

No part of the Website constitutes a contractual offer capable of acceptance.

Your order for a subscription constitutes a contractual offer that We may, at
Our sole discretion, accept. Our acceptance is indicated by Us sending to you
a subscription confirmation email. Only once We have sent you a subscription
confirmation email will there be a binding contract between www.prolinebeats.com and you.

13.4

Subscription confirmations under sub-Clause 13.3 will be sent to you

immediately upon your activation of a subscription (online form to be
completed), payment and shall contain the following information:
13.4.1 Confirmation of the subscription including full details of the main
characteristics of the Paid Content available through your subscription;
13.4.2 Fully itemised pricing for your subscription including,
appropriate, taxes and any other additional charges;

where

13.4.3 The applicable times and dates for your subscription (including the
commencement date and expiry date);
13.4.4 A confirmation of your express request that the Paid Content is made
available to you immediately and that this will constitute a waiver of
your statutory right to cancel as detailed below in sub-Clause 10.5; and
13.4.5 The downloadable link which will expire after 48 hours of being
received.
13.5

Provision of Paid Content shall commence immediately upon our confirmation

of your subscription. When completing the subscription process, you will be
required to expressly acknowledge that you wish the Paid Content to be
available immediately. You will also be required to expressly acknowledge
that by doing so, you will lose your statutory right to cancel your contract with
www.pro-linebeats.com as detailed below in sub-Clause 13.6.

13.6

If you are a consumer based within the European Union, you have a statutory
right to a cooling-off period with respect to the purchase of certain goods and
services. This period, if applicable, begins once the contract between
www.pro-linebeats.com and you is formed (as explained in sub-Clause 13.3)
and ends at the end of 14 calendar days after that date. Under normal
circumstances, the provision of Paid Content begins immediately upon Our
confirmation of your subscription. As set out in sub-Clause 13.5, by expressly

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requesting this, you waive your right to the cooling-off period and may not
cancel the contract merely because you have changed your mind.

14.

15.

13.7

You may cancel at any time after subscribing, however subject to sub-Clause
13.8, no refunds can be provided and you will continue to have access to the
Paid Content for the remainder of the Subscription Period you are currently in
up until the expiry date whereupon access will cease unless you choose to
pay the Subscription Fee and reactivate your subscription.

13.8

If you subscribe in error you must inform Us within 48hours of subscribing and
must not use the Paid Content during that time. If any use of Paid Content
during this time period can be traced to your Account, however, no refund can
be provided and you will continue to have access to the Paid Content for the
duration of the relevant Subscription Period.

Termination of Accounts
14.1

Either www.pro-linebeats.com or you may terminate your Account and (where

relevant) your subscription. If We terminate your Account or subscription, you
will be notified by email and an explanation for the termination will be
provided. Notwithstanding the foregoing, We reserve the right to terminate
without giving reasons.

14.2

If We terminate your Account as a result of your breach of these Terms and

Conditions you will not be entitled to any refund. Such terminations can be
appealed by contacting us via prolinebeats@gmail.com outlining your appeal
and provide supporting evidence.

14.3

If We terminate your Account or subscription for any other reason, you will be
refunded any remaining balance of your Subscription Fee. Such a refund will
be calculated based upon the Subscription Fee being divided by the number
of days in the applicable Subscription Period and multiplied by the number of
days remaining until the end of the Subscription Period, we reserve the right to
apply a 25% administration fee in these circumstances.

14.4

If We terminate your Account or subscription, you will cease to have access to

Paid Content from the date of termination.

14.5

If you terminate your Account or subscription, you will continue to have access
to Paid Content for the remainder of your subscription period as per subClause 13.7.

Privacy
15.1

Use of the Website is also governed by our Privacy Policy which, a proportion,
is incorporated into these Terms and Conditions by this reference. To view
the Privacy Policy, please see our website.

15.2

The Website places the following cookies onto your computer or device.
These cookies are used for the purposes described herein. Full details of the
cookies used by the Website and your legal rights with respect to them are
included in our Privacy Policy. By accepting these Terms and Conditions, you
are giving consent to www.pro-linebeats.com to place cookies on your
computer or device. Please read the information contained in the Privacy

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Policy prior to acceptance.

Name of Provider

1st / 3rd Party

<<File name>>

<<insert business name>>

<<1st OR 3rd>>

<<Insert purpose>>

<<File name>>

<<insert business name>>

<<1st OR 3rd>>

<<Insert purpose>>

<<File name>>

<<insert business name>>

<<1st OR 3rd>>

<<Insert purpose>>

<<File name>>

<<insert business name>>

<<1st OR 3rd>>

<<Insert purpose>>

Name of Cookie

15.3

16.

Purpose

If you wish to opt-out of our placing cookies onto your computer or device,
please adjust your internet browsers settings to restrict cookies as detailed in
your internet browsers help menu and email us directly to confirm this. You
may also wish to delete cookies which have already been placed. For
instructions

How We Use Your Personal Information (Data Protection)

16.1

All personal information that We may collect (including, but not limited to, your
name and address) will be collected, used and held in accordance with the
provisions of the Data Protection Act 1998 and your rights under that Act.

16.2

We may use your personal information to:

16.2.1 Provide Our Service to you;
16.2.2 Process your payments to Us; and
16.2.3 Inform you of new products and services available from Us. You may
request that We stop sending you this information at any time.

17.

16.3

In certain circumstances (if, for example, you wish to make a purchase on

credit), and with your consent, We may pass your personal information on to
credit reference agencies. These agencies are also bound by the Data
Protection Act 1998 and should use and hold your personal information
accordingly.

16.4

We will not pass on your personal information to any other third parties
[without first obtaining your express permission].

Disclaimers
17.1

We make no warranty or representation that the Website will meet your

requirements, that it will be of satisfactory quality, that it will be fit for a
particular purpose, that it will not infringe the rights of third parties, that it will
be compatible with all systems, or that it will be secure.

17.2

Whilst every reasonable endeavour has been made to ensure that all
information provided on this Website will be accurate and up to date, We
make no warranty or representation that this is the case. We make no
guarantee of any specific results from the use of Our Service.

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18.

19.

17.3

No part of this Website is intended to constitute advice and the Content of this
Website should not be relied upon when making any decisions or taking any
action of any kind.

17.4

The information on this Website is not designed with commercial purposes in

mind. We make no representation or warranty that this Content is suitable for
use in commercial situations or that it constitutes accurate data and / or advice
on which business decisions can be based.

17.5

Whilst We use reasonable endeavours to ensure that the Website is secure

and free of errors, viruses and other malware, you are advised to take
responsibility for your own internet security, that of your personal details and
your computers.

Availability of the Website and Modifications

18.1

The Service is provided as is and on an as available basis. We give no

warranty that the Website or the Service will be free of defects and / or faults.
To the maximum extent permitted by the law We provide no warranties
(express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality.

18.2

We accept no liability for any disruption or non-availability of the Website

resulting from external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure, power failure,
natural events, acts of war or legal restrictions and state-mandated
censorship.

18.3

We reserve the right to alter, suspend or discontinue any part (or the whole of)
the Website including, but not limited to, the Content available. These Terms
and Conditions shall continue to apply to any modified version of the Website
unless it is expressly stated otherwise.

Limitation of Liability
19.1

www.pro-linebeats.com liability for any direct or indirect loss or damage,

foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising out of Our breach of these Terms and Conditions
shall be limited to the value the relevant Users current subscription. For all
other direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of
the Website or any information contained therein, to the maximum extent
permitted by law, We accept no liability. Users should be aware that they use
the Website and its Content at their own risk.

19.2

Nothing in these Terms and Conditions excludes or restricts www.prolinebeats.com liability for death or personal injury resulting from any
negligence or fraud on the part of www.pro-linebeats.com.

19.3

In the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these Terms
and Conditions and shall not affect the validity and enforceability of the
remaining Terms and Conditions.
This term shall apply only within

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jurisdictions where a particular term is illegal.

20.

No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or
remedy contained herein, this shall not be construed as a waiver of that right or
remedy.

21.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail unless it
is expressly stated otherwise.

22.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.
The agreement created by these Terms and Conditions is between you and www.prolinebeats.com.

23.

24.

Communications
23.1

All notices / communications shall be given to Us either by post to Our

Premises (see address above) or by email to prolinebeats@gmail.com. Such
notice will be deemed received 3 days after posting if sent by first class post,
the day of sending if the email is received in full on a business day and on the
next business day if the email is sent on a weekend or public holiday.

23.2

We may from time to time, if you opt to receive it, send you information about
our products and/or services. If you do not wish to receive such information,
please notify us of this in writing.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and www.prolinebeats.com shall be governed by and construed in accordance with the Law of
England and Wales and www.pro-linebeats.com and you agree to submit to the
exclusive jurisdiction of the Courts of England and Wales.

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