Beatshare Terms of Service

Effective: June 1, 2016

 

Welcome!
We're thrilled you've decided to use our products and services, all of which we refer to simply as the "Services."

 

We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and Beatshare, Inc. So please read them carefully.

 

By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.

 

ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND BEATSHARE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND BEATSHARE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

1. Who Can Use the Services

 

No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

 

By using the Services, you state that:

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the U.S. Government, you agree to the Amendment to Beatshare Terms of Service for U.S. Government Users.

 

2. Rights We Grant You

 

Beatshare grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.

 

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

 

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

 

3. Rights You Grant Us

 

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

 

For all Services other than Live, Local, and any other crowd-sourced Service, you grant Beatshare a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

 

Because Live, Local, and any other crowd-sourced Services are inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to Live, Local, or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, you also grant Beatshare and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice solely in Live, Local, or other crowd-sourced content that you appear in, create, upload, post, or send. This means, among other things, that you will not be entitled to any compensation from Beatshare or our business partners if your name, likeness, or voice is conveyed through Live, Local, or other crowd-sourced Services.

 

For more information about how to tailor who can watch your content, please take a look at our privacy policy and Support Site.

 

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.

 

The Services may contain advertisements. In consideration for Beatshare letting you access and use the Services, you agree that Beatshare, its affiliates, and third-party partners may place advertising on the Services.

 

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

 

4. The Content of Others

 

Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Beatshare reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

 

Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.

 

5. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that Beatshare can collect, use, and transfer your information consistent with that policy.

 

6. Respecting Other People's Rights

 

Beatshare respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that:

You must also respect Beatshare's rights. These Terms do not grant you any right to: 

 

In short:

7. Respecting Copyright

 

Beatshare honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Beatshare becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please fill out this form. Or you may file a notice with our designated agent:

Beatshare, Inc.

Attn: Copyright Agent

6114 Spectrum

Irvine, CA 92618

email: support@Beatshare.com

If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

 

8. Safety

 

We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:

 

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way just to capture a picture, video or send/receive a message.

 

9. Your Account

You are responsible for any activity that occurs in your account. So it's important that you keep your account secure.

By using the Services, you agree that, in addition to exercising common sense:

 

If you think that someone has gained access to your account, please immediately reach out to Beatshare Support.

 

10. Purchases and Payments

 

We may offer various virtual goods and services (all of which we call "Virtual Products") that you can purchase and use through the Services. You don't own these Virtual Products; instead you buy a limited revocable license to use them. You'll always be shown the price for Virtual Products before you complete a purchase. But Beatshare does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's App Store and Google's Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.

Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT BEATSHARE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

 

Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.

 

It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.

Beatshare does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate terms of use.

 

11. Data Charges and Mobile Phones

 

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Beatshare account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

 

12. Third-Party Services

 

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Beatshare is not responsible or liable for those third party's terms or actions taken under the third party's terms.

 

13. Modifying the Services and Termination

 

We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a life long Beatshare user, you can terminate these Terms at any time and for any reason by deleting your account.

 

Beatshare may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and Beatshare continue to be bound by Sections 3, 6, 10, 13-22 of the Terms.

 

14. Indemnity

 

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Beatshare, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

 

15. Disclaimers

 

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

 

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE BEATSHARE ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY BEATSHARE CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

BEATSHARE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH BEATSHARE WILL BE RESPONSIBLE FOR.

 

16. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEATSHARE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BEATSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BEATSHARE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID BEATSHARE, IF ANY, IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

17. Arbitration, Class Waiver, and Jury Waiver

 

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BEATSHARE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

 

18. Exclusive Venue

 

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Beatshare agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Superior Court of California, County of Orange. You and Beatshare consent to the personal jurisdiction of both courts.

 

19. Choice of Law

 

Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

 

20. Severability

 

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

 

21. Additional Terms for Specific Services

 

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

 

22. Final Terms

Contact Us

Beatshare welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting Support.

Beatshare, Inc. is located in the United States at 6114 Spectrum, Irvine, California 92618.

 

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