Terms of Use

Updated: September 7, 2016

Welcome to the SINIMA BEATS website!  This "Terms of Use" describes the terms and conditions applicable to your access and use of the Site and the online store that licenses “SINIMA BEATS” instrumentals (the "audio content"). For your convenience, the date of the last revision is included at the top of this page. SINIMA BEATS may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. SINIMA BEATS may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted.

1. PRIVACY POLICY

1.1. Use of Information. We Respect Your Privacy and are the sole users of the information collected on this site for the purpose of serving your Royalty Free Music licensing needs. We only have access to/collect information that is voluntarily given to us via email or other direct contact from you. We will not sell or rent this information to anyone.

1.2. Correspondence. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party, other than as necessary to fulfill your request, e.g. to deliver an order, answer an inquiry, etc.

1.3. Mailing List. If you sign up for our Mailing List, we may contact you via email in the future to tell you about new Product Releases, News, Specials, updated Services, or changes to this privacy policy. The option to "Opt Out" is always included at the bottom of each Newsletter.

2. SECURITY

2.1. Protection. We take precautions to protect your information. When you submit sensitive information via our website, your information is protected both online and offline.

2.2. Secure Encryption. Wherever we collect sensitive information (such as credit card data), that information is transmitted to us in a secure and encrypted form. You can verify this by looking for a closed "lock icon" on your web browser, or looking for "https" at the beginning of the address of the web page. 

2.3. Offline Security. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

3. ORDERS

3.1. Information. We request information from you during checkout. In order to complete your license purchase from SINIMA BEATS, you must provide contact information (like name and billing address) and encrypted financial information (like credit card number, expiration date). This information is needed for billing purposes only and to fulfill your orders.

3.2. Taxes. Unless otherwise stated, you are NOT responsible for any sales tax or duties associated with the sale of the Instrumental Licenses.

4. COOKIES

We use non-essential "cookies" on this site. For example, if you use multiple currencies, your currency choice is stored in a cookie. A cookie is a piece of data stored to help us improve your access and experience while visiting our site. Usage of a cookie is in no way linked to any personally identifiable information.

5. LICENSE AGREEMENT

5.1. Customization. A PDF License Agreement is provided with your purchase. This License Agreement is not personalized or customized.

5.2. Proof of Licensing. You must attach a copy of your order receipt (which includes your name, the beat title, and date of purchase) to the provided License Agreement when providing proof of your commercial/for-profit rights.

6. COPYRIGHT

6.1. Intellectual Property. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SINIMA BEATS or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the property of SINIMA BEATS, with copyright authorship for this collection by SINIMA BEATS, and protected by international copyright laws. THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THESE COPYRIGHTED WORKS IS ILLEGAL. CRIMINAL COPYRIGHT INFRINGEMENT, INCLUDING INFRINGEMENT WITHOUT MONETARY GAIN, IS INVESTIGATED BY THE FBI AND IS PUNISHABLE BY UP TO 5 YEARS IN FEDERAL PRISON AND A FINE OF $250,000.

6.2. Violation. In the event we have evidence or sufficient reason to believe you are violating our copyrights or are deliberately failing to comply with the Terms of Use and terms outlined in the provided License Agreement, your song(s) may be subject to removal with the help of Copyright Administrators with a "Cease and Desist Order" or "DMCA Takedown Notice."

6.3. Commercial Release.
Demo versions with "audio marks" (or SINIMA BEATS "voice tags") are never to be used for a commercial/for-profit release, even with the purchase of a license unless express written permission is given by SINIMA BEATS.

6.4. Digital Millennium Copyright Act Notice. Occasionally, product images used on this site are sourced from the "Public Domain." All product images are for demonstration purposes only and are not included with purchase. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify SINIMA BEATS via the Contact Form, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SINIMA BEATS to locate the material;
  • Information reasonably sufficient to permit SINIMA BEATS to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party must be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted via the Contact Form.

Only DMCA notices with all required information will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, SINIMA BEATS may remove the content identified as being infringing. In addition, SINIMA BEATS may, but is under no obligation to, terminate the Account that appears to be the infringing party.

7. LEGAL

In no event may you enter into a contract or agreement with any Third Party that affects the rights of SINIMA BEATS or its License-Holders in any way. In addition, SINIMA BEATS never reviews or signs Third Party contracts or agreements of any kind.

8. TRADEMARK

8.1 Background. “SINIMA BEATS” is a registered trademark and may not be used in connection with any product or service that is not SINIMA BEATS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SINIMA BEATS. All other trademarks not owned by SINIMA BEATS or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SINIMA BEATS or its subsidiaries.

8.2. Federal Trademark Law. In order to comply with and assure protection under federal trademark law (15 U.S.C. 1051 et seq.), we monitor all uses of the SINIMA BEATS trademark. Unauthorized use of the SINIMA BEATS trademark is subject to civil and criminal penalties. The term “trademark” as used in this policy includes any trademark, service mark, logo, design, symbol or any combination of these.

9. YOUTUBE MONETIZATION

9.1. Copyright Claim. When you purchase an instrumental license from the SINIMA BEATS catalog and upload your song to YouTube, you will automatically receive a Content ID match from our partner that administers copyrights for SINIMA BEATS on YouTube's platform. However, you can have this claim removed by filing a dispute via the steps listed at: https://sinimabeats.com/blogs/news/youtube-copyright-claim-resolution. If for any reason your dispute is "rejected," contact us for assistance.

9.2. Content ID. As a complimentary feature, your license grants rights for you to monetize your song on YouTube through your own YouTube Channel and AdSense Account only. Do not submit your song to a 3rd Party that Administers Copyrights on YouTube (or SoundCloud) as non-exclusive “Royalty Free Music” is not suitable for this purpose since it creates illegitimate copyright claims between license-holders. We reserve the right to request removal of your song from the Content ID System if you are found to be in violation of these terms. This information is also included in your PDF License.

10. RETURNS AND CANCELLATIONS

10.1. Return Policy. Orders for Digital Downloads may not be cancelled or refunded since they are processed immediately upon purchase. All sales are FINAL and all charges from those sales are nonrefundable unless there is a "duplicate purchase" (multiple orders of the same instrumental and license). Before you click purchase on the final confirmation page, make sure that what you’re about to order is correct. 

10.2. Discounts. If for any reason you do not input a promo code (such as "Package Deals") during checkout but you were eligible to receive the discount at the time of purchase, you may contact us regarding this matter within 30 days of completing your order and SINIMA BEATS will either grant a partial refund for the difference or provide a Coupon Code at the value of the difference.

11. DATA PRESERVATION

11.1 Back Up. All licenses purchased from SINIMA BEATS can be downloaded up to 5 times before the links expire. Your access to the audio content is not guaranteed to remain available indefinitely -- it is your responsibility to back up the "audio content" on a separate hard drive, cloud, or data disc to avoid permanently losing the data.

11.2. Data Recovery. If in the event the audio content is lost and download links are expired, you may contact SINIMA BEATS by email for assistance in retrieving all missing files.

12. FORMAT & DELIVERY

12.1. Audio Format. The audio content ("WAV" in particular) is produced and delivered in 16-Bit Stereo, 44.1 kHz format -- compatible with all major Digital Audio Workstations and Hardware. In the unlikely event that WAV is incompatible with your platform, many audio conversion softwares or services are available on the market that can convert to several alternate audio formats -- some of which are free to use online.

12.2. Download Issues. If you experience any problems accessing or opening your downloads, please contact us or try to re-download the files from another device. Also ensure that the file transfer status reaches to completion (100%) or try downloading via an alternate web browser.

13. MULTI-TRACKS

13.1. Stem Files. Included only with the Premium and Unlimited Licenses, the "MULTIS" (also known as "Stems" or "Track Outs") can be used for further flexibility in your audio mix. Due to the complexity of each instrumental, the number of layers within the multi-tracks may vary.

13.2. Exceptions. Piano Solos will not always include separate audio layers unless there are additional instruments such as strings, or layered piano melodies. Instrumentals such a rock beats with live drums will generally contain the live drum sections as a Single Stereo Mix because they are recorded onto a single audio layer.

13.3. EQ and Effects. For consistency and compatibility purposes, all MULTIS are delivered with the same effects as heard in the demo version on the website; completely dry versions are not provided by default as to avoid causing a significant variation to our demo versions. If you wish to receive an instrumental that has no added reverb or effects -- visit our Services page for pricing information or to submit a request.

13.4. Uncompressed. If you have a need for an uncompressed version of the instrumental (single-stereo mix), it is recommended to simply lower the volume and EQ in the mix before recording your vocals. Another option would be to upgrade to the Premium or Unlimited License that will include the MULTIS (also known as "Stem Files" or "Track Outs"). This would resolve any need for an uncompressed version as you can edit individual instruments or vocals within the mix.

14. LICENSE AND SITE ACCESS

SINIMA BEATS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SINIMA BEATS. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SINIMA BEATS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SINIMA BEATS and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SINIMA BEATS name or trademarks without the express written consent of SINIMA BEATS. Any unauthorized use terminates the permission or license granted by SINIMA BEATS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SINIMA BEATS so long as the link does not portray SINIMA BEATS, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SINIMA BEATS logo or other proprietary graphic or trademark as part of the link without express written permission.

15. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold SINIMA BEATS, its affiliates, officers, employees, agents, suppliers, and licensors harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the Site and/or the Service, your negligent or intentional misuse of the Licensed Audio Content or any breach by you of this "Terms of Use" or any other policies that SINIMA BEATS may issue for the Site and/or Service from time to time.

16. GOVERNING LAW; JURISDICTION

You agree that all matters relating to your access to or use of the Site and/or Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Houston, Texas, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a licensee based outside the United States. If you are a licensee based outside the United States, nothing in these terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction, including any right you may have to bring a claim in the courts of the country where you reside.

17. ENTIRE AGREEMENT

This "Terms of Use," along with the provided "License Agreement" constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.