Terms and Conditions

Terms and Conditions of Use

ROTTEN BEAT is a service operated by:

Department of Sociology
University of Warwick
CV4 7AL
United Kingdom

ROTTEN BEAT is accessible at the addresses www.rottenbeat.com and www.rottenbeat.net.

ROTTEN BEAT is an online platform that distributes musical and artistic works and other related materials such as reviews, interviews and videos under Creative Commons (CC) licenses and for promo purposes.

Please read these Terms and Conditions of Use carefully: By using ROTTEN BEAT you commit to comply with them in all respects.

ROTTEN BEAT may change these Terms and Conditions of Use at any time.

You will be advised of the type of modifications that are made once they are on line.  Said modifications will be in effect one month after their publication on the site.  The General Terms and Conditions were revised as of December 6, 2007.

Article 1. DEFINITIONS

ARTIST designates an owner or the representative of an owner of copyrights and/or related rights in the Works.

   

TERMS AND CONDITIONS OF USE: designates these Terms and Conditions, which the user has accepted upon using the platform, as well as any future modifications.

FREE DISTRIBUTION LICENSE  designates the licenses, particularly those of Creative Commons, available and described on the  http://creativecommons.org/ site, and approved by Creative Commons.

USER designates any person using the ROTTEN BEAT service.

WORK (S) designates the musical works provided to Users.  A free distribution license – for example CC – determines the modes for the exploitation of each Work.

 

SERVICES designates all of the Services made available to the Users of ROTTEN BEAT.

Article 2. USE OF SERVICES

ROTTEN BEAT gives access to a number of services:
Listening to musical Works by streaming or downloading them;
Accessing related textual and visual materials on line.

2.1 Technical information

The Works are downloaded in the mp3 or OGG Vorbis format.

The downloading of Works may require use of third party software.

ROTTEN BEAT cannot ensure that the site will function without interruption and errors or that access to Services will be guaranteed, particularly in the following cases:
- faulty use of the Site due to unsuited equipment;
- malfunctioning imputable to your Internet service provider;
- footprint of the Internet network.

 

ROTTEN BEAT may temporarily suspend exploitation of Services in order to improve them or carry out maintenance operations.

If the situation permits, ROTTEN BEAT will make every possible effort to inform you in advance.

 

2.2 Obligations of the User

To use the ROTTEN BEAT services, you are required to accept the terms and conditions thereof. Otherwise, you cannot use them.

You accept the terms and conditions of use by using ROTTEN BEAT services.

2.2.1 Use of Works

Each Work is made available to Users pursuant to a CC Attribution (BY) – Share Alie (SA) – Non-commercial (NC) licenses for England and Wales 2.0 under which the ARTIST and ROTTEN BEAT authorize you to use his Work.

BY – the Users are allowed to copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request.
SA – The Users are allowed to distribute derivative works only under a license identical to the license that governs your work.
NC - the Users are allowed to copy, distribute, display, and perform your work — and derivative works based upon it — but for non-commercial purposes only.

You commit to strictly comply with the terms and conditions of use and, more generally, to refrain from infringing on the ARTISTS’ intellectual property rights.

 

2.3 Links and Content

Content at your disposal may include hypertext links to websites other than the ROTTEN BEAT site or to other Internet sources.

As ROTTEN BEAT cannot exert control over all of these sites, it disclaims all liability for the nature and/or use of the Content thereof.

If you desire to use the content of these sites, you must take cognizance of the terms and conditions of use thereof.

Article 3. INTELLECTUAL PROPRIETY

Except for elements of intellectual property related to the Works, University of Warwick alone is the owner of the intellectual property rights in the trademarks, patents, logos, graphics, photographs and animations contained in the Site, which elements cannot be reproduced without the express authorization of ROTTEN BEAT and/or its partners.

 

In that regard, ROTTEN BEAT grants you a license that is strictly limited for access, downloading, printing, reproduction on all media and utilization of the aforesaid elements for your private use.

Article 4. LIABILITY

If you are an Artist, a right owner or their representative and you consider that Content is distributed by ROTTEN BEAT in a way that infringes your or the Artist’s intellectual property ROTTEN BEAT assumes an obligation to remove illicit content upon your notification.

Article 5. APPLICABLE LAW

These terms and conditions of use are governed by the laws of United Kingdom.
Any dispute regarding their construction or departure there from shall be submitted to the competent courts of United Kingdom.