Beat Feis App Ltd SC674164
TERMS & CONDITIONS
Welcome to the BEAT App Terms and Conditions of Use. BEAT Feis App Limited is a registered company in Scotland and UK with its registered address at 80 Kirk Street, Strathaven, ML106BA United Kingdom. BEAT Feis App Limited ("BEAT" "we," or us") is the owner (or license owner) of the content on and operator of the BEAT website and the BEAT App (the "Site" or “App”, referred together as the “Service”). Any references to “You” or “Your” refers to the person signing up to or accessing the Service.
These conditions do not affect your legal or statutory rights.
Use of the Service
We grant you a limited, non-exclusive, revocable licence to make use of the Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or BEAT. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Service or the Content. We reserve the right to deactivate the account of anyone found to be using the Service for any use other than that mentioned above.
In order to use the Service, you will need to be:
(i) Free element open to all
(ii) 18 years or older or 16 years or older IF you have consent from your parent or guardian
(iv) You are a resident in a country where this Service is available.
You are legally obliged to ensure that any registration information that you submit to BEAT is true, accurate, and complete, and you agree to keep it that way at all times.
Content and Intellectual Property Ownership
The content and all other materials found within the Service, including, without limitation, the copyrights and other intellectual property rights in the music, artwork, graphics, photographs, text, video and audio clips, trade marks and logos available on the Service (collectively the "Content") are owned by or licensed to BEAT and protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content within the Service for commercial purposes without obtaining a licence to do so from us or our licensors, this includes but is not limited to copying, redistributing, reproducing, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or the Content.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear within the Service are either the trade marks or services marks (registered or unregistered) of BEAT and/or its licensors unless otherwise stated herein. BEAT and its licensors expressly reserve all intellectual property rights in all Content within the Service. No license is granted to you in connection with any Content contained on the Service. In its sole discretion, BEAT or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
User Generated Content
The Service may provide you with an opportunity to interact with others and share your thoughts, information, and materials. You are solely responsible for anything which you post or upload within the Service, or transmit to other users (including, but not limited to, comments, pictures, creative ideas, suggestions) ("User Generated Content") and agree that you will not hold the BEAT responsible or liable for any content, information, or materials from other users that you access within the Service.
Without limitation, you agree that you will not post or transmit to other users any User Generated Content that:
• is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;
• infringes or violates another party's intellectual property rights (such as music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to post on a Service);
• violates any party's right of publicity or right of privacy;
• is threatening, harassing, or that promotes bullying, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
• is inaccurate, false, or misleading in any way;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person's copyrighted work or links to said work, or provides information to circumvent any security measure;
• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You understand that when using the Service, you will be exposed to content and materials from a variety of sources, and that BEAT is not responsible for the accuracy, appropriateness, usefulness, safety or intellectual property rights of or relating to such content and materials.
YOU AGREE THAT IF A CLAIM IS BROUGHT AGAINST BEAT IN RELATION TO THE USER GENERATED CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD BEAT HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING LEGAL FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Ownership of Material You Send, Post, Submit, or Transmit
From time to time, BEAT may ask that you send, post, submit, or transmit to a Service, User Generated Content. Any User Generated Content that you send, post, submit or transmit is and will be deemed and treated as non-confidential and non-proprietary by BEAT. Such User Generated Content, upon being transmitted to BEAT, shall immediately become the property of BEAT and BEAT shall exclusively now and hereinafter own all rights, title, and interest therein (subject to any third-party rights). Furthermore, BEAT shall be free to use such User Generated Content, without restriction, for any purpose whatsoever (subject to any third-party rights), including, but not limited to, developing, manufacturing, advertising, promoting, and marketing its products or services, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, and shall further be entitled to reproduce, disclose, transmit, publish, broadcast, or post in any medium, or edit, modify or delete all or any part of any User Generated Content. BEAT shall not be liable for disclosure of such User Generated Content or for any similarities in the User Generated Content and any future BEAT uses or activities.
Links to Other websites or Apps
The Service may contain links to other websites that are not owned, operated, or maintained by us. You should read the terms and conditions and privacy policies of each and every website that you visit. Despite any links that might exist on any website or in any App, we do not control, recommend, or endorse and are not affiliated with these websites or their content, products, services, or privacy policies. Viewing and/or using any third party Service is at your own risk.
Our Services & Paid Subscriptions
BEAT provides streaming services offering a selection of music and other content. Certain BEAT services are provided to you free-of-charge and other services require payment before you can access them. The BEAT services that may be accessed after payment are currently referred to as the “BEAT Free Service“ and the “BEAT Full Acscess” (together, the “Paid Packages”). The BEAT service that does not require payment is currently referred to as the “BEAT Free Service”. You can learn more about our services by visiting the Subscription section in the side menu in our App.
Payments and Cancellations
You may cancel any Paid Package at any time, your package will then end:
- immediately, if you have a BEAT Free Service account; OR
- at the end of that month for which payment has already been taken, if you have a BEAT Full Access Package.
Term and Termination
Disclaimer of Warranties/Limitation of Liability
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL SOFTWARE, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
Nothing in these Terms removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the Service; or
• use of or reliance on any content displayed on the Service.
Please note that we only provide the Service for personal use. You agree not to use the Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked within the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that the Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Service. You should use your own virus protection software.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to our Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.
Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of any contract with you and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and BEAT, and in no event shall any contract between us create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Terms are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and BEAT only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of any contract between us, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
© 2019 BEAT. All rights reserved.