Goodbeat is a trading name of The Creative Lemon Company Ltd, Company Number 5753304, registered in England and Wales and governed by English law. When Goodbeat is mentioned in these terms and conditions, it is deemed that this is a trading name of The Creative Lemon Company Ltd and any contract between Goodbeat is the same as between you and The Creative Lemon Company Ltd.


Terms and Conditions for members, use of website, advertisers and Goodbeat Live gigs and competition's. Goodbeat is a website dedicated to providing a base for unsigned bands and artists. Goodbeat aims to give exposure to bands, artists, singers, songwriters by giving them access to play their music and advertise their band via the website www.Goodbeat.co.uk/ es ("the Website") and providing its services subject to these terms and conditions. If you do not agree to the Terms and Conditions, please do not use the website. We may change these Terms and Conditions at any time by posting changes online. Please review the terms regularly to ensure that you are aware of any changes. Any continued use following any such changes to these terms will be deemed to be your acceptance of such change.

This document is intended to outlay both the 'Terms and Conditions of Use' and 'Terms and Conditions of sale' for http://www.goodbeat.co.uk/ es & Goodbeat.

Terms and conditions of use

1. Acceptance of terms
a. Your access to and use of www.goodbeat.co.uk / es("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
b. You must not use the Web Site for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - to cause annoyance, inconvenience or needless anxiety.

2. Advice The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3. Changes to the Website www.goodbeat.co.uk reserves the right to: a. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that www.goodbeat.co.uk shall not be liable to you for any such change or removal; and b. changes these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4. Links to third party websites The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5. Copyright . All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Goodbeat or otherwise used by Goodbeat as permitted by law. a. In accessing the Website you agree that you will access the content solely for your personal use.

6. Disclaimers and limitation of liability . The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
a. To the extent permitted by law, Goodbeat will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
b. Goodbeat makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. c. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Goodbeat for death or personal injury as a result of the negligence of Goodbeat or that of its employees or agents.

7. Indemnity You agree to indemnify and hold Goodbeat and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Goodbeat arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8. Severance If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9. Governing law These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

10. Data Protection Act Any personal information we collect from the Goodbeat website or by your submission of material will be used in accordance with the Data protection Act 1998 and other applicable laws of England and Wales . The data we collect will be used:
• To provide the service you have requested.
• In certain cases we may use your e-mail address to send you newsletters, information on developments of the website, or on special offers & events available to users.
• We may need to pass the information we collect to other companies for administrative purposes such as sorting data and monitoring how customers use the website. Third parties will not be allowed to use your personal information for their own purposes.
• Goodbeat may from time to time pass your details to third parties, such as record labels and by submitting material to us, you agree to do so. We always try to vet them however, we cannot be held responsible for their actions. As a result we cannot be held accountable for the third parties, their services or the way in which they conduct themselves.
• Goodbeat will not disclose your personal information to any third parties other than those mentioned in this policy and will not use your personal information for any other purpose than mentioned in this policy.

The Agreement.

This agreement is between Goodbeat (“Us/We/Our”) and unsigned bands/artists (“You”). The agreement will set out the terms on which You supply Us with your musical work (“Works”) for inclusion on http://www.goodbeat.co.uk (“Our Website”) and We provide membership services (“Services”).

This is a legal agreement between you and us, stating the terms that govern your use of this site located at http://www.goodbeat.co.uk/ .You must accept and abide by the terms as presented to you, and We alone reserve the right to change, add, or remove portions of this Agreement at any time. It is your responsibility to check the Agreement each time before using the website, and your continued use of the website will indicate your acceptance of any changes. To agree to the terms of the Agreement, click "AGREE." If you do not agree to these terms, DO NOT click "AGREE," AND DO NOT USE THE SERVICE.

1. Age Requirement. To register for use of the Service on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this agreement to your parent or legal guardian, and he or she must click "AGREE" to enter into this agreement on your behalf. Children under 13 years of age may not register for the service, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Service, including all financial charges and legal liability that he or she may incur.

2. Description of Service. Through the use of this website, you are permitted to listen to Samples (as defined below), and obtain Digital Downloads of sound recordings ("Tracks") and related digital content ("Materials" defined below). The Service, Tracks, and Materials are only for your personal, non-commercial use. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the sites on which the Service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the Tracks or Materials accessible through the Service. The Service is not part of any other offering or product, and as such, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Service. From time to time, you may have to install software, available through the Service to aid in the accessibility of Content.

3. Registration

a) Registration. We require members to accurately complete our registration procedure when setting up their account. All personal details supplied during registration should be correct and valid and should not infringe any third party rights. It is your responsibility to ensure that personal details are kept up to date. b) Your IP Address. This is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the website. This information is used to monitor your usage of the website. If you cease to be a member during the period of this agreement, you should notify us immediately. No refunds shall be due in full or part if you cancel before your annual subscription has finished.

Price details and payment obligations

A Paypal account is required if you wish to sell any MP3's on this site.

4 a) Artist Membership. When you become a member, there are three levels of membership. They are:

Basic. This is free to join and no annual fee is due. You shall however, have to renew membership every year and can terminate the membership when ever you wish by giving 10 working days notice. We also reserve the right to terminate membership at any time.

Starter & Standard. You agree to pay a Yearly subscription charge every Year until You or We terminate the agreement. Your total Yearly payment will depend on the membership features you select. £2.50 for the starter and £5.00 for the Standard. You can add or remove features at any time. You can make payment by Visa, MasterCard, Switch, American Express, JCB, Diners and Electron through our secure payment provider Paypal. If you have any questions regarding your account please contact us. If in any Year your payments fail, your account will be suspended until successful payment has been taken. You can cancel at any time by giving us 10 working days notice.
b. Refunds: No refunds are allowed under any circumstances when our terms and conditions are breached, apart from a failure on our part to provide the service offered.

5) Fans Membership

Fans may join the site. In order for them to purchase MP3's or merchandise, a Paypal account is needed. Membership is free and can be renewed annually. Goodbeat reserves the right to cancel membership at any time.

6). User's warranties By becoming a member and submitting Works you warrant on behalf of yourself (and if You are a member of a group, on behalf of each member of the group) that:
a. You have read and agree with all of our policies including our Artist Agreement and Terms and Conditions.
b. You own or control and shall continue to own or control, for the duration of this agreement, all rights, consents, licenses and permissions necessary to submit your Works.
c. It is your responsibility to copyright all materials uploaded to the site including images, logos and songs.
d. Your original Works were created solely by You and do not contain any samples or excerpts from copyrightable work.
e. Your Works do not contain violent or offensive language.
f. Your works do not contain and will not produce any known viruses or harmful code that could damage our computer systems or data.
g. Your works will not violate any common law or statutory paten, copyright or trade mark.
h. Goodbeat may from time to time pass your details to third parties, such as record labels and by submitting material to us, you agree to do so. We always try to vet them however, we cannot be held responsible for their actions. As a result we cannot be held accountable for the third parties, their services or the way in which they conduct themselves. Any personal information we collect from the Goodbeat website or from submission of demos will be used in accordance with the Data protection Act 1998 and other applicable laws of England and Wales .
i. The works adhere to all statements displayed within Our Terms and Conditions, and Artist Agreement.

7. Our rights We have the right to review all Works and use our discretion to refuse to post or immediately remove Works for any reason.

You shall indemnify us in respect of any claims, costs, damages, expenses (including all legal fees), actions suffered or incurred by Goodbeat as a result of any breach of the warranties and obligations in this document.

We shall not be liable for:
any loss of goodwill or reputation;
a. any delay in the respect of uploading, upgrading, price change, or payment;
b. any breach of this agreement caused by acts of God, including but not limited to terrorism, fire, accident, government action, lock out, network failure, failure of power supply, strike, default or failure of subcontractor or supplier.
c. In tort, contract, negligence, copyright or otherwise arising out of connection with this agreement for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings).
d. Any information provided by third party companies or individuals. We are not responsible for misuse or theft of Works uploaded to the site.

8. Username & Password Protection The named individual user identified in the registration process is assumed to be responsible for the use made of their username and password. Access to the site is limited to the registered user only and must not be used to enable access by anyone other than the named individual user. It is solely your responsibility to preserve the confidentiality and secrecy of your ID number. You will be liable for any and all transactions executed under your account. We are not responsible for changes to your profile made without your consent due to reasons beyond our control. You should inform Us immediately of any unauthorised use of your account or if you suspect someone has gained access to your ID number.

We shall not be responsible for any losses arising out of the unauthorised use of your Registration Data or Account, and you agree to hold harmless and to indemnify us, our partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, we will terminate your Account.

9. Ownership of Works You shall retain full ownership of your materials, which may include, but are not limited to: sound recordings, pictures, videos, song lyrics and artwork. During the term of this agreement You grant Us a non-exclusive, worldwide right to: . Make adaptations to the works so as to ensure they are in a usable format. For example, but without limitation, convert from MP3 to WMA. a. Use, distribute, publicly perform, broadcast and transmit the Works in whole or in part via our service. b. Make copies of the works in whole or in part in order to issue those copies to the public.

10. The sale of your MP3's. All tracks that are sold through the website must be your songs and you must own the copyright to these. They are sold at 85p per track. We shall charge 10p handling fee which is non refundable. This is in addition to any Paypal charges. Any profits made by your track will be paid to you the following month. If this is less than £5, we shall carry this forward to the following month. We do not accept liability for any errors in the description of goods on the Website. Once a track is purchased, you can download that track. Any incomplete order or permanent download error will be subject to a full refund of any amount paid to us.

11. Termination.

a. If you fail, or we suspect that you have failed to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide us with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, we at our sole discretion, without notice to you may: (i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).

b. We may, at our discretion, modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and will not be liable to you or to any third party should it exercise such rights.

12. Disclaimer You acknowledge that the site may at times encounter technical or other problems and may not necessarily continue uninterrupted or without technical errors. We shall not be responsible to you or others for any interruptions, errors or problems. We reserve the right to modify, suspend or discontinue any Services on either a temporary or permanent basis, without being liable to you. The site is provided “as is” with all faults and without warranties of any kind.

We have no liability for the unavailability of the site, for the loss of data, information or Works resulting from service interruptions.

13. Trademarks. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of the website and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

14. Violation of Intellectual Property Rights. If we receive a notice alleging that you have engaged in behaviour that infringes other's intellectual property rights or reasonably suspects the same, we may suspend or terminate your account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.

15. No Responsibility for Third-Party Materials or Web Sites. The service may include Products, Content, and Services from third parties available via the Service. As well we may include links to third party websites, which are provided solely as a convenience to you. We assume no liability or responsibility for third-party materials or websites, and you acknowledge and agree that we are not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.

16. Limitation of liability If you have a dispute with other users of the site or with any other websites, companies or persons you access through, or as a result of Our Website, you hereby release Goodbeat and all employees from claims and damages of any kind.

17. Accuracy Every effort is made to ensure the accuracy of material provided on this site, however we cannot be held liable for any problems caused by any errors, omissions or for the content of any linked sites.

We reserve the right to modify our artist agreement at any time and it is your responsibility to regularly read this document to check for changes. If you continue to use the site you agree to any changes we have made to this document.

This shall constitute the entire agreement between Us and You. It shall be governed by and construed in accordance with English law and any disputes arising out of or connected with it or its subject matter shall be subject to the exclusive jurisdiction of the courts of England and Wales If you have any questions about this artist agreement please contact us at info@goodbeat.co.uk .

Goodbeat Live Competition Rules

1) The competition is organised and promoted by Goodbeat Limited, in Association with South Coast Idol and CMD North- South Productions (the “Companies”) whose decision will be final.

2) The competition is to promote singers, acts and songwriters and find singing talent.

3) If you are under 18 years old you must inform your parent or legal guardian of your entry into the competition.

4) You acknowledge and agree to abide by the rules regulations terms and conditions for this competition (the “Rules”) and that the rules may be changed (including without limitation verbally) at any time by the company and that you will be bound by such rules. The Company's decisions shall be final.

5) You must be resident in the UK with a valid passport. You must be in your age category on or before 31 st December 2006 . You maybe asked to provide the Company with supporting documentation in order to substantiate this (i.e. birth certificate and/or valid passport).

6) In order to be a performer, you must be between the ages of 17 and 35 by the time the competition completes.

7) All personal details and/or information given in your application either in this form or otherwise must be truthful, accurate and in no way misleading.

8) The Company reserves the right to disqualify any contestant if they supply untruthful, inaccurate or misleading personal details and/or information, have failed to abide by the rules and/or are in breach of the terms hereof.

9) The Company reserves the right to disqualify any contestant if they are deemed to be acting outside the spirit of the competition. The Company's decisions shall be final.

10) Ownership of Work. You shall retain full ownership of ownership of Works, which may include, but are not limited to: sound recordings, pictures, videos, song lyrics and artwork. During the term of this agreement you grant Us a non-exclusive, worldwide right to: Make adaptations to the works so as to ensure they are in a usable format. For example, but without limitation, convert from MP3 to WMA. a. Use, distribute, publicly perform, broadcast and transmit the Works in whole or in part via our service. b. Make copies of the works in whole or in part in order to issue those copies to the public.

11) You must not use the Competition for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable.

12) The Companies reserve the right to prosecute in accordance with English Law, any conditions that have been broken or expensive incurred by entrants of the competition or their family members.

Advertisers

1) The information and links contained on this website are being provided by Goodbeat for general information purposes only. This website may include links to third-party websites over which Goodbeat has no control. Goodbeat makes no representations as to the accuracy or any other aspect of the information contained in such third-party websites.

2) Furthermore, Goodbeat makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information contained on this website for any purpose. The information contained on this website is provided "as is" without warranty of any kind. Advertising.com hereby disclaims all warranties and conditions with regard to this website, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title and non-infringement.

3) IN NO EVENT SHALL ADVERTISING.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GOODS, SERVICES OR GRAPHICS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVERTISING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4) Goodbeat reserve the right to withdraw an advertiser's advertisement.

5) All adverts, once paid are non refundable. All adverts that are paid last for one calendar year and advertisers must renew their annual subscription in order to continue with the service.

6) We offer the following options for you to advertise:

7) Your company listed for in our Industry Directory for FREE.

8) Your company listed in our Industry Directory on a basic package at just £69 per year.

9) Your company listed in our Industry Directory on a Standard package at just £99 per year

10) Your company listed in our Industry Directory and Mini Banner Advert, 75 height pixels by 210 width pixels, on our deluxe package at just £129 per year. Mini Banner ad on our News, Bands and Who are we page. (Click here for an example)

11) We may from time to time have special offers. We reserve the right to withdraw these at any time. These offers are available for the time periods stipulated at the time and will normally be for new advertisers.

The Creative Lemon Company Ltd

The Creative Lemon Company Ltd T/A Goodbeat Uk can be contacted at: Goodbeat (The Creative Lemon Company Ltd) P O Box 185 , Hailsham, East Sussex . BN27 9AT. The Creative Lemon Company Ltd. Fax 08450 511166. No personal callers allowed.

The Creative Lemon Company Ltd, company No. 5753304, is registered in England and Wales . The registered address is The Creative Lemon Company LTD, 55 Russell Row, Lewes. East Sussex . BN7 2EE. No personal callers permitted.

Privacy Policy 

Overview

We shall collect personal information from you in an effort to market to you more effectively, facilitate your downloads, and offer a more personalised online experience. Protecting your privacy is important to us, and by ensuring that you are knowledgeable and understand Our Privacy Policy, We can provide you with better service.

Except as limited below, we reserve the right to use or disclose your personally identifiable information for business reasons in whatever manner desired.

What information we collect we have several features that automatically collect information from users of our service (i.e. cookies, action tags, and other data collection methods), and we have several areas where you can submit information (i.e. customer account and public areas)

Why we collect personal information In addition to providing you with a more personalised online experience and facilitating your downloads, we use your personal information to present a wider range of products and services with convenient access to you. We may occasionally include information from other companies concerning products and services that would be beneficial to your products. As well, we use your personal information to keep you abreast of new products, promotions, offers, contests, and any other such information. From time to time, we may use your personal information to contact you to request your participation in a market research survey.

When we disclose personal information except as limited herein, we reserve the right to use or disclose your personally identifiable information for business reasons in whatever manner desired.

At times we may be required to release your personal information in accordance with the law or legal process. We will not sell your personal information to commercial entities, advertisers, etc

www.goodbeat.co.uk undertakes to adhere to the principles of the Data Protection Act 1998 and the Human Rights Act 1998.

The property and any copyright or other intellectual property in all broadcasts will be deemed to belong to the artist(s) solely.

Disclaimer

www.goodbeat.co.uk and the hosts of this site accept no responsibility for and exclude all liability in connection with browsing this site, uploading or downloading any material from it and all of the matters listed above, including but not limited to any liability for errors, inaccuracies, omissions or misleading or defamatory statements.

YOUR STATUTORY AND OTHER RIGHTS

The Consumer Protection (Distance Selling) Regulations 2000 give you the right to cancel your contract with us within seven days of having submitted your application for registration. If, after having registered with us, you wish to cancel the contract you must within seven days of the date of acceptance, email us to advise us that you wish to de-register. Fees paid by you will be returned and your registered work and personal details will be deleted from our database.

If you lose or forget your password you may at any time email ……………………… and ask for it to be revealed to you by return of email. Before advising you of your forgotten password it will be necessary for us to carry out other security checks first to satisfy ourselves that you are the person entitled to it.

Links

Links made to other sites are made at your own risk and we accept no liability for any linked sites.

Viruses

It is your responsibilities to virus check all materials before downloading from this site for any purpose.

Copyright

The contents of this web site (including the text and artwork) are protected by copyright. You may view the site and download any part(s) of it to a personal computer for personal viewing for private purposes but you are not permitted without our permission to store it (or any part of it) other than for the purposes set out in this paragraph print out copies except for your own personal viewing for private purposes or reproduce, copy or transmit it (or any part of it) in any other way for any purpose or in any other medium. You are not entitled to alter the content in any way.