BPM Create

"Service" means the use of the website https://bpmsupreme.com/bpm-create/ or create.bpmsupreme.com and any associated features, software, mobile application, future proof of any internet-based services (“Platform”) within control of the BPM Create, LLC (“BPM Create”). BPM Create is a subscription-based service that provides tools and access to online digital library of audio clips, recordings, beats, loops, one-shots and other similar sound files (“Sound” or “Sounds”) to help producers and musicians create music.

Subscription to BPM Create. BPM Create is a subscription-based service that allows the subscriber (hereinafter “You” or “Subscriber”) to purchase a certain amount of credits each month to redeem Sounds from the Service, subject to the License, as detailed below. Previewing, liking, or saving a musical work to a folder on the BPM Create Platform does not use any credits. Downloading any Sound shall require the number of credits listed on the Platform. Re-downloading a Sound previously downloaded by You will not require additional credits if You have a BPM Create subscription. A re-download of any Sound via promotional credits or without a subscription will require additional credits or a minimum of a one month subscription. By purchasing or accessing the BPM Create Platform, you agree to all of the conditions in this BPM Create Terms of Use Agreement and the general www.bpmsupreme.com Terms and Conditions, Privacy Policy, and Refund Policy, incorporated by reference.

Pricing and Billing. Standard Membership to BPM Create is $4.99 per month for 75 credits. Premium Membership is $9.99 per month for 200 credits. Premium Plus Membership is $14.99 per month for 375 credits. One-time purchase of 50, 100, and 250 credits are available at $3.99, $5.99, and $11.99 respectively WITH a membership requirement. There are no restrictions of rollover credits, and any unused credits will rollover to the following month should a user continue their subscription. All fees are in U.S. Dollars and do not include any applicable taxes.

All purchases must be made on a credit card or Paypal and shall be automatically billed each month from the date in which you made your initial purchase (“Billing Date”). If you make a purchase on a date in which the next month does not have, you will be billed on the last day of the next month. For example, if you started a subscription on January 30th, your account will be billed next on February 28th. You acknowledge that there may be changes from month to month due to variables such as changes to taxes in your area, credits applied to your account, or promotional activities. You expressly authorize BPM Create to charge the payment method listed on file. BPM Create will not offer a credit for partially used months or downgrades from Premium Plus or Premium to a lower subscription tier. Any upgrades from Standard or Premium to Premium or Premium Plus subscriptions shall be charged a one-time fee of the difference between the Standard, Premium, or Premium Plus subscription price.

Any upgrades, downgrades, and cancellations are subject to the same conditions as membership to other services found on BPM Supreme.com. Frequently Asked Questions regarding billing can be found here. BPM Create reserves the rights to change the pricing in effect or add new fees and charges from time to time. However, BPM Create shall give You advanced notice of these charges before any new pricing takes effect. You agree that, by purchasing a subscription to BPM Create, You will keep a valid payment method on file in your account page. BPM Create does not store your payment information, rather it is stored via a third-party merchant such as Authorize or Paypal. You shall be responsible for any uncollected fees. If your credit card or alternative payment method on file expires, this may cause an interruption in your access to the Service and will be unable to use your credits until your account balance is paid in full. If BPM Create is unable to process your subscription payment within 14 days of your Billing Date, your account will automatically be cancelled, and all credits shall be forfeited.

Credits. Your Sound credits are credits that you have personally paid for via a one-time purchase or monthly subscription. Purchased credits can be used towards any Sound on BPM Create Platform, including sounds by music label partners. Each Sound generally requires 1-3 credits to download. The number of credits necessary to download a Sound will be displayed when You hover your mouse over the Sound. When you choose to download a Sound, the credits will be automatically deducted from your credit total. Your total available credits are displayed in the top right-hand corner of the platform screen. We may change or modify the total number of credits in your account if we believe that you fraudulently obtained credits or other benefits on the BPM Create platform or if we believe amount of credits distributed was in error.

‘Promotional credits’ are credits that have been gifted to you through an approved promotional campaign by BPM Create. Promotional credits may only be used towards Sounds created and found under the BPM Create label and may only be used during the period specified by the promotional materials. When promotional credits are available to You, those credits shall be used first, prior to the use of any regular credits in your account. Promotional credits may not be exchanged for cash and shall expire if the credits are not used by the date and time specified in the promotion.

"License" means an non-exclusive, perpetual, worldwide agreement between BPM Create and You to access, download, use, perform, publicly display, modify, synchronize any Sound featured on the BPM Create Platform in all media formats. This license does not grant You the right to sell any Sounds found on this Service or reproduce or sell any derivative works created using this Service. Additionally, You may not: i) use any Sound in isolation or repackage Sounds obtained through the Service to a third party; ii) use this Service to create a similar competitive service to BPM Create; iii) transfer, share, or sublicense this License to a third-party; iv) send, loan, share, broadcast, rent, distribute, transfer, provide, give, or otherwise make available to a third party any Sounds except as incorporated into your own work. You are responsible for obtaining any license or authorization necessarily for use of any content not specifically granted under this paragraph.

Ownership. Please note that a license is not the same as ownership. You own anything that you create, including work that uses any Sound found on the BPM Create Platform. However, you do not own rights to any specific media downloaded from the BPM Create Platform, even when it is incorporated into your own original work. BPM Create suggests that You obtain a universal product code (UPC), International Standard Recording Code (ISRC), or register a copyright, when available, for your work to help prevent later disputes with third parties.

Use. You agree to use the Service only for its intended purpose. You may only use it in compliance with all intellectual property, data security, privacy, and other applicable laws. You may not encourage or allow any third party to use, borrow, sell, assign, any of your rights to use this Service unless BPM Create has given its prior express, written consent.

Warranties. You warrant that you are the age of majority in your jurisdiction and can legally consent these Terms and Conditions. If you are the age of minority, You warrant that You have gone over this Agreement with your parent or guardian to ensure you understand these Terms and Conditions and your parent or guardian agrees to these Terms and Conditions.

Release. You expressly release BPM Create and its affiliated companies from any disputes between you and any third party in connection with your use of this Service. You assume all risk in any dealings you may have with third parties including any claims, demands, damages, investigations, or legal actions and agree not to involve BPM Create or its affiliates in those disputes.

Electronic Communication. By using this Service, You agree that we may communicate with You electronically at the electronic mail address You provided to BPM Create for any purpose whatsoever, including security, privacy, issues with your account, violations of any agreement between BPM Create and You.

Cancellation. Your subscription shall continue to be in effect until You cancel it, or we terminate it. You must submit a request to cancel at least 72 hours prior to your next Billing Date by cancelling your account. Instructions on how to cancel your subscription can be found here. Upon cancellation, any unused credits will be forfeited and access to certain portions of the BPM Create Platform will be limited. We reserve the right, in our sole discretion, to cancel your subscription or access to BPM Create for violation of any term in this Agreement, or any other policy as listed on at www.bpmsupreme.com.

Conflicts, Waiver, Severability. Should any of these Terms and Conditions come into conflict with any terms set forth on www.bmpsupreme.com, these Terms shall govern over the conflicted issue. Any lack of effort to enforce any term of these Terms and Conditions or any incorporated terms shall not be a waiver of any right on behalf of BPM Create or its affiliated entities. Should these terms be found to be invalid or inapplicable in Your jurisdiction, the rest of the Terms & Conditions shall remain in full force and effect, reading the Agreement as close to the parties’ intent as possible.

You have a right to a cooling off period of 14 days from the date of purchase. You may choose to cancel your subscription or purchase within this 14 day period and BPM will issue a refund. You can cancel by logging onto your account and cancelling your order or subscription. BPM Create reserves the right to deduct from any refund the value of any credits used by You during this 14 day period. This clause will no longer apply to United Kingdom users starting on January 1, 2021.