BeatboxWorld Terms Of Service
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all
Content available through the BeatboxWorld.com domain name, the "BeatboxWorld
Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO
BOTH THESE TERMS AND CONDITIONS (the "Terms of Service")
AND ALSO THE TERMS AND THE CONDITIONS OF BEATBOXWORLD'S PRIVACY NOTICE, WHICH ARE
PUBLISHED AT http://www.BeatboxWorld.com/privacy, AND WHICH ARE
INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these
terms, then your only remedy is to not use the BeatboxWorld Website.
2. BeatboxWorld Website
These Terms of Service apply to all users of the BeatboxWorld Website,
including users who are also contributors of video content,
information, and other materials or services on the Website. The
BeatboxWorld Website may contain links to third party websites that are
not owned or controlled by BeatboxWorld. BeatboxWorld has no control over,
and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, BeatboxWorld will not
and cannot censor or edit the content of any third-party site. By
using the Website, you expressly relieve BeatboxWorld from any and all
liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the BeatboxWorld
Website and to read the terms and conditions and privacy policy of
each other website that you visit.
3. Intellectual Property Rights
The content on the BeatboxWorld Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are
owned by or licensed to BeatboxWorld, subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Content on the Website is provided to you
AS IS for your information and personal use only and may not be used,
copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective
owners. BeatboxWorld reserves all rights not expressly granted in and to
the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any
commercial purposes. If you download or print a copy of the Content
for personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or
otherwise interfere with security related features of the BeatboxWorld
Website or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the BeatboxWorld Website or the
Content therein.
4. Website Access
A. BeatboxWorld hereby grants you permission to use the Website as set
forth in this Terms of Service, provided that: (i) your use of the
Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any
medium without BeatboxWorld's prior written authorization; (iii) you will
not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and
(iv) you will otherwise comply with the terms and conditions of these
Terms of Service.
B. In order to access some features of the Website, you will have
to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account password
secure. You must notify BeatboxWorld immediately of any breach of
security or unauthorized use of your account. Although BeatboxWorld will
not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of BeatboxWorld or others due
to such unauthorized use.
C. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "off
line readers," etc., that accesses the Website in a manner that
sends more request messages to the BeatboxWorld servers in a given period
of time than a human can reasonably produce in the same period by
using a convention on-line web browser. Notwithstanding the
foregoing, BeatboxWorld grants the operators of public search engines
permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. BeatboxWorld
reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their
User Submissions.
5. User Submissions
A. The BeatboxWorld Website may now or in the future permit the
submission of videos or other communications submitted by you and
other users ("User Submissions") and the hosting, sharing,
and/or publishing of such User Submissions. You understand that
whether or not such User Submissions are published, BeatboxWorld does not
guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize BeatboxWorld to use all patent,
trademark, trade secret, copyright or other proprietary rights in and
to any and all User Submissions to enable inclusion and use of the
User Submissions in the manner contemplated by the Website and these
Terms of Service; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person in
the User Submission to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of
the User Submissions in the manner contemplated by the Website and
these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by
submitting the User Submissions to BeatboxWorld, you hereby grant
BeatboxWorld a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions in
connection with the BeatboxWorld Website and BeatboxWorld's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the BeatboxWorld Website (and derivative
works thereof) in any media formats and through any media channels.
You also hereby grant each user of the BeatboxWorld Website a
non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as permitted through
the functionality of the Website and under these Terms of Service.
The foregoing license granted by you terminates once you remove or
delete a User Submission from the BeatboxWorld Website.
C. In connection with User Submissions, you further agree
that you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to
post the material and to grant BeatboxWorld all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations that
could damage BeatboxWorld or any third party; (iii) submit material that
is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise
inappropriate; (iv) post advertisements or solicitations of business:
(v) impersonate another person. BeatboxWorld does not endorse
any User Submission or any opinion, recommendation, or advice
expressed therein, and BeatboxWorld expressly disclaims any and all
liability in connection with User Submissions. BeatboxWorld does not
permit copyright infringing activities and infringement of
intellectual property rights on its Website, and BeatboxWorld will remove
all Content and User Submissions if properly notified that such
Content or User Submission infringes on another's intellectual
property rights. BeatboxWorld reserves the right to remove Content and
User Submissions without prior notice. BeatboxWorld has a zero tolerance
policy and will terminate a User's access to its Website, if they are
determined to be a repeat offender. A repeat offender is a User who
has been notified of infringing activity more than once and/or has
had a User Submission removed from the Website more than once.
BeatboxWorld also reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Service
for violations other than copyright infringement and violations of
intellectual property law, such as, but not limited to, pornography,
obscene or defamatory material, or excessive length. BeatboxWorld may
remove such User Submissions and/or terminate a User's access for
uploading such material in violation of these Terms of Service at any
time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes upon
your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by providing our
Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the
material;
(iv) Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number, and,
if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
DMCA notices should go to Support with the subject "Copyright Issue", any other
feedback, comments, requests for technical support, and other
communications should be directed to BeatboxWorld customer service
through http://www.BeatboxWorld.com/contact. You acknowledge that if you
fail to comply with all of the requirements of this Section 5(D),
your DMCA notice may not be valid.
E. You understand that when using the BeatboxWorld Website, you will
be exposed to User Submissions from a variety of sources, and that
BeatboxWorld is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to
User Submissions that are inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal
or equitable rights or remedies you have or may have against BeatboxWorld
with respect thereto, and agree to indemnify and hold BeatboxWorld, its
Owners/Operators, affiliates, and/or licensor's, harmless to the
fullest extent allowed by law regarding all matters related to your
use of the site.
F. BeatboxWorld permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, BeatboxWorld
provides an "Embeddable Player" feature, which you may
incorporate into your own personal, non-commercial websites for use
in accessing the materials on the Website, provided that you include
a prominent link back to the BeatboxWorld website on the pages containing
the Embeddable Player. BeatboxWorld reserves the right to discontinue any
aspect of the BeatboxWorld Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BEATBOXWORLD WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEATBOXWORLD OR PARENT
COMPANY OR SUCCSESSORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. BEATBOXWORLD MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE BEATBOXWORLD WEBSITE. BEATBOXWORLD DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BEATBOXWORLD
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND BEATBOXWORLD WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL BEATBOXWORLD OR PARENT COMPANY OR SUCCSESSORS, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE BEATBOXWORLD WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BEATBOXWORLD SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by BeatboxWorld from its
facilities in the United States of America. BeatboxWorld makes no
representations that the BeatboxWorld Website is appropriate or available
for use in other locations. Those who access or use the BeatboxWorld
Website from other jurisdictions do so at their own consent and are
responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless BeatboxWorld, its
parent corporation, officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from: (i) your use of and access to the
BeatboxWorld Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive these
Terms of Service and your use of the BeatboxWorld Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth
in these Terms of Service, and to abide by and comply with these
Terms of Service. In any case, you affirm that you are over the age
of 13, as the BeatboxWorld Website is not intended for children under 13.
If you are under 13 years of age, then do not use the
BeatboxWorld Website
10. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by BeatboxWorld without restriction.
11. General
You agree that: (i) the BeatboxWorld Website shall be deemed solely
based in Utah USA; and (ii) the BeatboxWorld Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
BeatboxWorld, either specific or general, in jurisdictions other than
Utah. These Terms of Service shall be governed by the internal
substantive laws of the State of Utah, without respect to its
conflict of laws principles. Any claim or dispute between you and
BeatboxWorld that arises in whole or in part from the BeatboxWorld Website
shall be decided exclusively by a court of competent jurisdiction
located in Sevier County, Utah. These Terms of Service, together with
the Privacy Notice at http://www.BeatboxWorld.com/privacy and any other
legal notices published by BeatboxWorld on the Website, shall constitute
the entire agreement between you and BeatboxWorld concerning the BeatboxWorld
Website. If any provision of these Terms of Service is deemed invalid
by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions
of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term,
and BeatboxWorld's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or
provision. BeatboxWorld reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the
BeatboxWorld Website following any amendment of these Terms of Service
will signify your assent to and acceptance of its revised terms. YOU
AND BEATBOXWORLD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE BEATBOXWORLD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
