Terms of Service
Effective date: May 18, 2026
These Terms of Service (the “Terms”) govern your access to and use of the Auction808 marketplace at auction808.live (the “Service”). By creating an account, listing a beat, placing a bid, or completing a purchase, you agree to be bound by these Terms.
1. The Service
Auction808 is an online marketplace where music producers (“Producers”) auction single, exclusive licenses to their original instrumental works (“Beats”) to buyers (“Buyers”). Auction808 is not a party to the transaction between Producer and Buyer; we provide the platform, the payment-collection flow via PayPal, and license delivery.
2. Accounts
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. You are responsible for maintaining the confidentiality of your password and for all activity under your account. You must provide accurate and current information when registering.
3. Listing Beats (Producers)
- You represent and warrant that you are the sole owner of, or have all necessary rights and clearances to, every Beat you list, including all samples, vocal performances, and recorded elements.
- You may not list a Beat that contains uncleared samples, AI-generated content trained on copyrighted material without a license, or content that infringes any third-party intellectual-property right.
- By listing a Beat, you grant Auction808 a non-exclusive, royalty-free, worldwide license to host, display, stream watermarked previews, and process the Beat solely to operate the Service.
- Each Beat may be the subject of only one active auction at a time. Once an auction sells exclusively, the Beat is permanently removed from the marketplace.
4. Bidding & Buying
- Bids are binding offers to purchase. Placing a bid creates a legally binding obligation to pay if you are the winning bidder and the reserve price (if any) is met.
- The system supports proxy (auto) bidding up to a stated maximum, and applies an anti-snipe extension: any bid placed in the final two minutes extends the auction by two additional minutes.
- Buy-now ends the auction immediately at the listed buy-now price.
- Bid retraction is not supported. In limited circumstances (e.g., obvious input error) Auction808 may, at its sole discretion, cancel a bid.
5. Payments, Fees, and Payouts
- All transactions are processed via PayPal. Pricing is displayed and transacted in U.S. dollars.
- Auction808 retains a 5% platform fee on the final sale price. The Producer receives 95% via PayPal Payouts, sent to the PayPal email address the Producer has registered in their account Settings.
- The Producer is responsible for keeping their PayPal email accurate. If the payout fails because of an invalid or unverified PayPal recipient, Auction808 will attempt redelivery once the Producer corrects the address.
- Producers are solely responsible for any taxes owed on income earned via the Service. Auction808 does not withhold taxes.
6. License Granted to the Buyer
Each successful sale on Auction808 grants the Buyer the rights set out in the Auction808 Exclusive License Agreement, which is incorporated into these Terms by reference. The Buyer receives the master audio file via a time-limited secure download link after payment is captured.
7. Refunds
Because each Beat is sold as a single-exclusive digital good and immediately rendered unavailable to other buyers upon sale, all sales are final. Refunds are issued only in cases of (a) verified failure to deliver the master audio, (b) a successful intellectual-property takedown that invalidates the Buyer’s license, or (c) duplicate or unauthorized charges. Refund requests must be submitted in writing within fourteen (14) days of payment.
8. Prohibited Conduct
- Listing content that infringes intellectual property or violates law.
- Shill bidding, bid manipulation, or coordinating with other users to inflate prices.
- Circumventing the platform to transact off-site after engaging on Auction808.
- Attempting to reverse-engineer, scrape, or interfere with the Service.
- Posting harassing, hateful, or unlawful content.
9. Intellectual Property
Producers retain ownership of their copyrights and the right to grant licenses. The Service’s name, logo, interface, and software are the property of Auction808 and may not be copied or imitated without permission.
10. DMCA & Takedowns
Auction808 complies with the Digital Millennium Copyright Act. To submit a takedown notice, follow the procedure in our DMCA Policy.
11. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AUCTION808 DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AUCTION808 AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID TO AUCTION808 BY YOU IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.
13. Indemnification
You agree to defend, indemnify, and hold harmless Auction808 from any claim or demand arising out of your breach of these Terms, your User Content, or your violation of applicable law or third-party rights.
14. Termination
Auction808 may suspend or terminate your account at any time for breach of these Terms. You may close your account at any time. Sections of these Terms that by their nature should survive termination shall survive.
15. Governing Law & Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.
16. Changes
We may revise these Terms from time to time. Material changes will be posted here with an updated effective date. Continued use of the Service after changes take effect constitutes acceptance.
17. Contact
Questions about these Terms may be sent to legal@auction808.live.