Website Terms of Use

Please read these Terms of Use (“Terms”) carefully before using this site. By accessing and using the DUPID.CO (“DUPID”) Web Sites and Content, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms, do not use the DUPID Web Sites or download, purchase or license any Beats or Content.

 

Scope of Terms

These Terms of Use are applicable to all DUPID Websites, whether a sponsored site, managed through a third party vendor or hosted by a third party (referred to hereafter as the “Web Sites”). These Terms also apply to any resources and tools provided through DUPID Web Sites, including but not limited to shopping carts, download areas, email correspondence, community forums, chat rooms, blogs, social media sharing sites and production service information. These Terms apply to all the DUPID Web Sites, both now and in the future. Hereafter, all the Content covered by these Terms of Use will be referred to as the “Content.”

DUPID may provide activity or program specific Terms of Service, for example when DUPID provides interactive Content and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.

Security and Privacy

Personal Information: Information submitted to DUPID through forms on the Web Sites or Content is governed according to DUPID’s Privacy Policy.

Member Account, Password, and Security: DUPID may, from time to time, enable a section of the website that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify DUPID immediately of any unauthorized use of your account or any other breach of security here. DUPID will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DUPID or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Use Terms

Licensed Use or Non-Commercial Use Only: Information contained within this website, including blog posts, pages, and text content, is for personal and non-commercial use. Additionally, music and video content contained in this website, including beats, loops, samples, demo videos, music videos and performances are for licensed musical use only. Unless otherwise specified or as provided in these Terms or in the Music Licensing Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, licenses or services obtained from this website.

Music Demonstration and Licensing: The purpose of this website is for the secure promotional demonstration of DUPID musical compositions (“BEATS”) to prospective licensing clients & web visitors (“Users”). Users are given the direct ability to listen to, preview and, in some cases, download Beats for potential use on promotional and commercial music, video or advertising projects.  Users are NOT AUTHORIZED to sell, loan, rent, lease, assign, or transfer any previews, music or website user account information that has been made available via DUPID.CO or DUPID web properties to any other user, party or entity. User names, passwords and access to any protected sections of DUPID.CO DOES NOT grant any User any ownership, entitlement or preference to any Beat that is contained, played or heard on this website.

Intended, Legal Use: If you intend to use or record new musical recordings using ANY of DUPID’s Beats, you must obtain a music license by purchasing one via DUPID’s Online Beat Catalog or via email at buy@dupid.co.

 

No Unlawful or Prohibited Use: You agree that you will not use the Web Sites or Content for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

  1. Copy, re-record, sample, interpolate, download, stream, sell, loan, rent, lease, assign, or transfer all OR any of the Beats available through DUPID.CO or DUPID digital properties to another user, or for use in any competitive product, website or service. Unauthorized use of DUPID beats and musical compositions will only result in copyright infringement fines and possible confinement. (The mandatory fee for copyright infringement starts at $30,000.)
  2. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  3. Use the Web Sites, Content, Services or activities to “stalk” or otherwise harass or harm another;
  4. Impersonate any person or entity, including, but not limited to, an DUPID executive, representative, producer or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
  5. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Content;
  6. Upload, post, email, transmit or otherwise make available any content that infringes any copyright, patent, trademark, trade secret, or other proprietary rights (“Rights”) of any party;
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Content, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. Upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. You may not use the Web Site or Content in any manner that could damage, disable, overburden, or impair any DUPID server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Content or interfere with any other party’s use and enjoyment of the Web Sites or Content;
  10. You may not attempt to gain unauthorized access to any Web Site or Content, other accounts, computer systems or networks connected to any DUPID server or Content, through hacking, password mining or any other means or obtain or attempt to obtain any Content or information through any means not intentionally made available through the Web Sites or Content;
  11. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Copyright Permission: The copyright in all non-submitted, non-feature content posted on www.DUPID.CO, the DUPID social media properties and all connected sites are owned by DUPID. Use is authorized for musical demonstration (music licensing customers) and editorial (news media) purposes only and subject to the DUPID Web Terms of Use. To legally purchase a license to use or record with DUPID beats and content, visit the Beats Catalog and follow the normal purchase procedure.

Notices and Disclosures

Exclusions of Warranty: The Content and DUPID Web Sites are provided by DUPID.CO and/or its worldwide direct or indirect subsidiaries and affiliates (“DUPID”) as a service to its customers and are for musical demonstration, licensing and informational purposes only. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE WEB SITES AND CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
  • ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSING SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
  • IN NO EVENT SHALL DUPID OR ITS PRODUCERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR CONTENT, EVEN IF DUPID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUPID AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

  • IN NO EVENT SHALL DUPID AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY BEATS, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES DUPID MAY MAKE TO THE SERVICES, BEATS, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
  • THESE LIMITATIONS ON DUPID’S LIABILITY SHALL APPLY WHETHER OR NOT DUPID HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

Indemnification: You agree to indemnify and hold DUPID and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Sites or Content, your use of the Web Sites or Content, your connection to the Web Sites or Content, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.

Accuracy and Completeness: DUPID does not warrant the accuracy or completeness of the information, music, media, text, graphics, links or other items contained within the Web Sites or Content.

Changes and Updates: DUPID reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Content (or any part thereof) with or without notice. DUPID may make changes to Web Sites or Content, or to the Beats described therein, at any time without notice. DUPID makes no commitment to update the Web Sites or Content.

Content Related Notices

Ownership: You acknowledge and agree that DUPID owns all legal rights, title and interest in and to the Content and Web Sites, including any DUPID trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without DUPID’s prior written permission. Except as expressly provided herein, DUPID does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Translations: Where DUPID may provide you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with DUPID. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.

Third Party Content: Web Sites and Content may contain user or third party submitted content; such content is not reviewed, approved or endorsed by DUPID and is provided solely as a convenience to our customers and users. Under no circumstances will DUPID be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Web Sites or Content are subject to these Terms of Use and any other program and site-specific terms.

DMCA Copyright Infringement Claim

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE.

See Notice and Procedure for Making Claims of Copyright Infringement.

DUPID may, in appropriate circumstances, terminate an account holder or subscriber to an DUPID Web Site if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact DUPID’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

Feature Content Submissions

Definition: Feature Content submissions may include but not limited to, may include user registration, participation, feature submissions, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the “Feature Content”) on any DUPID Web Site. The content submitted by users is referred to here after as “Feature Content”.

Non-Endorsement: DUPID does not endorse any Feature Content or any opinion, recommendation, or advice expressed therein, and DUPID expressly disclaims any and all liability in connection with Feature Content submissions. DUPID does not permit copyright infringing activities and infringement of DUPID intellectual property rights on its Web Sites, and DUPID will remove Feature Content if properly notified that such submission infringes on another’s DUPID intellectual property rights in accordance with the DMCA provisions. DUPID reserves the right to remove Feature Content at its sole discretion and without prior notice.

Ownership: DUPID does not claim ownership of any Feature Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Content, including, but not limited to, data, text, sound, music, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Content. Unless otherwise agreed to in writing, there is no compensation for Feature Content. DUPID is under no obligation to post or use any Feature Content submitted. Unless otherwise agreed in writing with an authorized DUPID representative, any Content, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.

License: Unless other specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such Feature Content you grant DUPID, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the Feature Content (in whole or in part) and to incorporate such Feature Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

Warranties and Representations: By posting or submitting Feature Content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Feature Content. To the extent that the Feature Content submitted contains music, performances, videos, images, photographs, pictures or graphical representations in whole or in part (“Media”), you warrant and represent that (a) you are the copyright owner of such Media, or that the copyright owner of such Media has granted you permission to use such Media or any content and/or Media contained in such Media consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Content, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person depicted in such Media, if any, has provided consent to the use of the Media as set forth in these Terms of Use.

Moderation or Pre-Screening: You acknowledge that DUPID may or may not moderate or pre-screen Feature Content. DUPID and its designees retain the right, at DUPID’s sole discretion to pre-screen, refuse, or remove any Feature Content from its Web Site or Content. DUPID, however, will have no liability related to the content of any such Feature Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, DUPID shall have the right to remove any Feature Content that violates these Terms of Use.

Links to Other Content or Sites

The linked sites are not under the control of DUPID and DUPID is not responsible for the content of any linked site or any link contained in a linked site. DUPID reserves the right to terminate any link or linking program at any time. DUPID does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Unsolicited Idea Submission Policy

DUPID OR ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW BEATS OR PRODUCTION PROCESSES, CONTENT, MARKETING PLANS OR NEW BEAT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DUPID’S BEATS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DUPID. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO DUPID OR ANYONE AT DUPID. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND CONTENT, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT DUPID MAKES NO ASSURANCES THAT YOUR IDEAS AND CONTENT WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

General

User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

DUPID makes no representations that Content in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms constitute the entire agreement between you and DUPID Corporation and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and DUPID shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

In the case of any violation of these rules and regulations, DUPID reserves the right to seek all remedies available by law and in equity for such violations.

DUPID may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular Web Sites or Content.

 

DUPID
5868 Westheimer, Suite 357
Houston, TX 77057

 

Last updated: November 2013

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