Welcome to www.tomgazprom.com (“Site”), operated by tomgazprom (“we”, “us”, or “our”). By accessing, browsing, or using any services or products offered on this Site, including but not limited to the purchase, download, or streaming of beats (“Services”), you (“User”, “you”, or “your”) agree to be legally bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Services.

1. Operator Information

This Site is operated by an individual, tomgazprom, based in Germany. For all inquiries, including legal and customer service matters, please contact:
Email: [email protected]

2. Applicability of Terms

These Terms of Service apply automatically and without limitation to any use of the Services, including access, browsing, or purchase of beats. By using any part of the Services, you acknowledge and accept these Terms.

3. Age Requirement

You must be at least 16 years old to use this Site or purchase any Services, in accordance with the German Datenschutz-Grundverordnung (DSGVO) and other applicable privacy laws. If you are under 16, you may only use this Site with the involvement and consent of a parent or legal guardian.

4. Licensing and Use of Beats

All music compositions, instrumentals, and beats (“Beats”) available on this Site are the exclusive property of tomgazprom and are protected by German and international copyright laws.

• Non-Exclusive Licenses: Non-exclusive licenses for Beats are available for purchase directly through this Site. Upon full payment, you are granted a non-exclusive, non-transferable, and revocable license to use the Beat in accordance with the specific license terms provided at the time of purchase.
• Exclusive Licenses: Exclusive licenses may be negotiated and purchased only via direct contact through email. Exclusive rights are not available via the Site checkout.
• Prohibition of Unlicensed Use: No Beat may be used, reproduced, distributed, performed, sublicensed, sold, reverse engineered, modified, or otherwise exploited in any manner without a valid license. Unauthorized use or distribution may result in legal action, including but not limited to the issuance of a copyright infringement notice and pursuit of statutory damages.

5. Checkout and Payment via Fourthwall

All purchases are processed securely through Fourthwall, a third-party service provider. By completing a purchase, you also agree to Fourthwall’s terms and conditions. Fulfillment of your order and delivery of licenses is contingent upon successful payment processing by Fourthwall.

6. Refund Policy

In accordance with German law (§ 355 BGB), consumers have the right to withdraw from a purchase contract within 14 days without providing a reason, unless otherwise excluded by law (e.g., for digital goods that have been downloaded or accessed after purchase, if the user has expressly consented to the immediate execution and acknowledged the loss of the right of withdrawal). For refund requests or to exercise your right of withdrawal, please contact [email protected].

7. Prohibited Activities

You agree not to engage in any of the following activities:

• Use any Beat without a valid license;
• Resell, sublicense, lease, lend, or otherwise transfer Beats or licenses to any third party;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or structure of any Beat or content on the Site;
• Modify, adapt, or create derivative works based on any Beat without explicit written permission;
• Use the Site or any Beat for any unlawful, fraudulent, or unauthorized purpose;
• Circumvent, disable, or otherwise interfere with security-related features of the Site.

8. Intellectual Property

All content on this Site, including but not limited to beats, text, graphics, logos, and design elements, is the exclusive property of tomgazprom and is protected by copyright and other intellectual property laws. Unauthorized use is strictly prohibited.

9. Copyright Infringement

If you believe that any content on this Site infringes your copyright, please notify us at [email protected] with a detailed notice in accordance with our DMCA Policy.

10. Limitation of Liability

To the maximum extent permitted by law, tomgazprom shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Site or any Beats, including but not limited to loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.

11. Changes to Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page with the updated date. Continued use of the Site or Services after such changes constitutes your acceptance of the new Terms.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts in Düsseldorf, Germany.

If you have further questions or require clarification on any section, please contact [email protected].