GENERAL TERMS & CONDITIONS
This is a legal agreement (“Agreement”) between and among you and Airwave Music stating the terms that govern your (i.e., customer, registered user, website visitor, etc.) use of the Airwave Music website, including any Airwave Music branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the “Website”, as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Airwave Music reserves the right to change, add, or remove portions of this Agreement at anytime. 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. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
01 Age Requirement
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to Beatport: You must be at least 18 years of age.
02 Content and Products
All “Content”, including but not limited to digital downloads and related digital content, including loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Airwave Music, and is protected by Belgian and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Airwave Music or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. The Content is only for your personal, non-commercial use, except for those Products provided for by Airwave Music Shop with regards to Sound Design Products.
03 Objectionable Material
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Airwave Music shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Airwave Music reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
04 Account Registration
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Airwave Music (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, (where purchasing are applicable) to all sections of the Website. Airwave Music may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Airwave Music, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Airwave Music may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account according to GDPR rules.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Airwave Music immediately of any unauthorized use of your password and/or Account. Airwave Music shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Airwave Music, its partners, parents, subsidiaries, agents, affiliates, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Beatport shall have the right to terminate your Account and pursue all available remedies at law.
05 Consent to our communication with you by E-Mail
By establishing an Account, you grant permission for Airwave Music to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
06 Charges and Billing
You agree to pay for all for-fee Products that you purchase through the Website. Airwave Music may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as and if applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Airwave Music to charge your credit card for the above at Airwave Music’s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING AIRWAVE MUSIC WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Airwave Music may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Airwave Music may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Airwave Music will not be liable to you or to any third party should it exercise such rights.
07 Limitation on Sales
Airwave Music sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Airwave Music reserves the right to refuse access to the Website or sale of Products, to any end user. Airwave Music may terminate any offers for free or special promotions or pricing on merchandise at any time.
08 Right to Change Prices and Content Availability
Prices and availability of Content offered through the Website are subject to change at any time. Airwave Music does not provide price protection or refunds in the event of a price drop or promotional offering.
09 Sales of Downloads
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
10 No Refunds
All sales are final and all charges from those sales are non-refundable. Airwave Music will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Airwave Music.
11 No Responsibility for Typographical Errors
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Airwave Music reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes depending on the country where you live.
13 Order Acceptance Policy
Your receipt of an electronic or other form of confirmation does not (1) constitute Airwave Music’s offer to sell or (2) convey Airwave Music’s acceptance of your order. Airwave Music reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order.
14 Charges and Billing
Airwave Music currently accepts American Express, Visa, Master Card, PayPal, Apple Pay and other forms of payment. Airwave Music does not accept cash, money orders, or checks. Airwave Music reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Airwave Music, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Airwave Music will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Airwave Music’s management’s sole discretion.
Airwave Music accepts the following currencies: Euro only. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made shall be processed by Mollie in The Netherlands. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
16 Limitations of Content Usage and Copyright
Airwave Music may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Airwave Music (“Content Rules”) and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. AIRWAVE MUSIC RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Airwave Music shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the European Copyright Code, and is in violation of EU and international copyright and intellectual property laws.
17 Prohibited Uses of Content
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of EU and international copyright law.
18 Electronic Signatures and Contracts
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
19 Username Policy
No two users can have the same Username on the Webstore. Usernames are provided on a first-come basis.
However, Airwave Music reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user to modify his/her Username in situations where:
(i) an account has been inactive for a period of time;
(ii) Airwave Music determines that a Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by Airwave Music to be otherwise misleading;
(iii) Airwave Music suspects that a Username is being squatted;
(iv) the registered Username is that of a more established, and Airwave Music’s decision not to reassign the Username will lead to consumer confusion; and
(v) Airwave Music has determined, in its own discretion, the situation is such that removing or reassigning the Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Username is strictly prohibited and may result in permanent account suspension.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
21 Airwave Music’s Rights
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Airwave Music may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Airwave Music’s use of such Content exploits any proprietary rights you may have in such material, you agree that Beatport has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
All copyrights in and to the Website (including the organization of content) and software, are owned by Airwave Music and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Beatport and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Airwave Music and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
25 Violation of Intellectual Property Rights
This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Contentother than for the purposes stated for herein are prohibited.
If Airwave Music receives a notice alleging that you have engaged in behavior that infringes Airwave Music’s or an other’s intellectual property rights or reasonably suspects the same, Airwave Music 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.
If you believe that any information or material on the Website constitutes copyright infringement, then please use the contact page to inform Airwave Music.
26 Enforcement of These Terms
You agree that Airwave Music has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Airwave Music believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Airwave Music’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
27 Indemnity and Waiver
By using the Website you agree to defend, indemnify and hold harmless Airwave Music and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Airwave Music and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Airwave Music suspects 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 Airwave Music with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Airwave Music believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Beatport, at its sole discretion, without notice to you, may: (i) terminate your Account, and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available. In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.
29 Governing Law
The laws of the Belgium, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Airwave Music or relating in any way to your use of the Website resides in the courts of Brussels in Belgium.
30 Disclaimers and Limitations of Liability
(a) You agree that from time to time Airwave Music may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Airwave Music makes no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Airwave Music be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Airwave Music shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed 10 Eur0.
(e) All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Airwave Music makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Airwave Music makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.
(f) Beatport specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Airwave Music has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
DIGITAL PRODUCT TERMS & CONDITIONS
Please read these Terms and Conditions (“Sound Design Product Terms”) carefully before purchasing any Products in the Airwave Music Shop. By using Airwave Music Sound Design Products or purchasing or downloading any Sound Design Product, you are agreeing to be bound by these Sound Design Product Terms.
If you do not wish to be bound by these Sound Design Product Terms, do not use the Airwave Music Shop or download or purchase any Sound Design Product.
01 Sounds Design Terms and Conditions
These Sound Design Product Terms are applicable for all purchases made on the Airwave Music Shop section of the Website (“Airwave Music”). These Sound Design Product Terms are not applicable to purchases made for physical products on the Website.
02 Sound Design Product License
This is a non-exclusive, non-transferrable, terminable license agreement between you and Airwave Music. Upon your purchase or download of any Sound Design Product and subject to your compliance with these Sound Design Product Terms and the general terms and conditions, you are granted a royalty free, non-exclusive license in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively “Sound Design Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the Sound Design Product and should be saved by you as evidence of such.
You are not the Copyright Holder. Your use of the Sound Design Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them isolated. Likewise, any Sound Design Product which is a rhythm loop sample must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.
This non-exclusive license is granted for a single user only, on a global basis, for the full copyright protection period (unless earlier terminated) and is not transferrable. Only the original purchaser of the Sound Design Product has the right to embody and utilize the Sound Design Product within their derivative work. This license expressly forbids the copying, lending, duplicating, sub licensing, trading, resale, rental, loan, gift or transfer of any part of the Sounds Product or a copy thereof, in any format or via any medium, to another person or company, except as a derivative work created by you.
You may not electronically transfer the Sound Design Product or place the Sound Design Product in a file-sharing or service bureau operation or a computer/sampler network. The purchased Sound Design Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product. Any unlicensed usage will be prosecuted to the maximum extent possible by law.
Airwave Music may terminate your rights in a purchased Sound Design Product upon written notice to you if it believes you have breached any of the Sound Design Product Terms. Upon such termination you must return, destroy, remove, and cease all use of the identified purchased Sound Design Product. No refunds shall be granted for such terminations.
You agree to defend, indemnify and hold Airwave Music harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your breach of these Sound Design Product Terms and Conditions and/or misuse, deliberate or otherwise, of the Sound Design Product, and/or violation of the rights purchased pursuant to this Agreement.
These Sound Design Product Terms express the entire understanding between you and Airwave Music in relation to the Sound Design Product and shall supersede all other oral or written communications relating to the Sound Design Product or its use.
PHYSICAL PRODUCT TERMS & CONDITIONS
01 Shipping of Physical Products
Shipping costs may vary from product to product depending on the country / territory to which your package needs to be shipped.
Orders are processed and shipped on within a week after received payment. Shipment is via bPost with tracking.
Processing delays may occur due to Belgian Bank Holidays.
Shipping cost do not include eventual import taxes that are applied by customs.
Any shipment that returns to sender will neither be resent nor refunded without prior communication with us. For a re-shipment the costumer has to contact the store directly as new shipping costs will have to be charged.
Shipping pricing: Belgium 6 Euro; The Netherlands, Luxemburg, France & Germany: 18 Euro; Rest of Europe & USA: 36 Euro, Rest of World: 67 Euro for packages up and until 2 kg.
If your country isn’t in the list of countries we support for shipping, it means you’ll not be able to buy any products from the store.
02 Return Policy of Physical Products
01 For any questions regarding returns / refunds please contact firstname.lastname@example.org and explain your case.
02 You may return products or cancel your order within 7 days from your original order date as per Belgian law.
03 Products have to be returned in the original condition you received them (original packing, undamaged, clean but unwashed, unopened)
04 Shipping costs for the products you return are entirely on your own expense.
05 For returned goods you will be refunded the value of the product(s) via Paypal and of course under Paypal conditions less eventual costs related to Paypal transactions. Shipment costs are not refunded.
06 Products are refunded only. We do not exchange a returned product for another product of any kind.
07 A replacement of a product is not possible. You will have to place a new order to receive a different product.
08 Some products can not be returned for obvious hygienic reasons. (apparel)
09 Prior to return a product you have to contact email@example.com. Only send back a product after you received our confirmation that you may send it back.
10 Refunds will only take place after the product has been safely returned, as in the above mentioned conditions and is not part of the goods that are excluded from refunds.
11 Non delivered packages that are returned to sender are neither resent nor refunded.