Terms and Conditions (“Terms”)
1.1. By using the BeatBranch Server and the BeatBranch Mobile Application (“Service”), you hereby agree to all provisions within these Terms.
1.2. You understand BeatBranch reserves the right to modify these Terms at any time without notice. BeatBranch may try to notify you of these changes, but it is ultimately your responsibility to review the most up-to-date version at http://www.beatbranch.com/terms.
2.1. These Terms apply to all users of the Service.
3. Ability to Accept Terms of Service
3.1. You agree that you are either:
3.1.1. 18 years of age or older
3.1.2. An emancipated minor
3.1.3. 13 years of age or older and possess legal parental or guardian consent.
3.2. You agree that you are fully able and competent to enter into these Terms.
4. Using Content
4.1. You understand the user-submitted-content uploaded to the Service (“Content”) and the Service itself are provided to you AS IS.
4.2. You agree not to sell or license any Content, including your own, unless granted permission by means of BeatBranch’s written approval.
4.3. You understand Content is submitted by users of the Service, and that BeatBranch is not responsible for its material, including but not limited to its accuracy, safety or intellectual property rights. You understand that Content may be inaccurate, offensive, or distasteful, and you hereby agree to waive any legal or equitable rights or remedies you have or may have against BeatBranch involving Content.
5. Your Account and its Content
5.1. By creating a BeatBranch account, you understand that you are solely responsible for all activities occurring on that account. It is your responsibility to provide a secure password during your account’s creation to prevent its unauthorized use.
5.2. You understand BeatBranch may terminate your account if deemed violating of these Terms.
5.3. Although BeatBranch may attempt to maintain availability of your account, BeatBranch reserves the right to terminate your account at any time without reason or notice.
5.4. You understand by submitting Content to Service, you signify that you own, have permission or have the necessary rights to publish that Content and that you license to BeatBranch all patents, trademarks, trade secrets, copyrights or other proprietary rights involving that Content.
5.5. You understand by submitting Content to Service, you signify that all material within that Content complies with all applicable laws.
5.6. You understand by submitting Content to Service, you are granting BeatBranch and all users of the Service permission to view, reproduce, distribute, and prepare derivative works of that Content.
5.7. You understand and agree that BeatBranch provides functionality to hide but not remove your Content. You understand users will still be able to access your hidden Content through other Content derived or reproduced from your hidden Content.
5.8. You understand BeatBranch will remove all Content that is deemed copyright infringing.
5.9. Although BeatBranch may attempt to make available to you all Content complying with these Terms, BeatBranch reserves the right to remove any Content at any time without reason or notice.
6. General Use
6.1. You agree to only use the Service commercially by means of promoting yourself or your own business unless granted permission by means of BeatBranch’s written approval.
6.2. You agree to only use the Service in ways that comply with all applicable laws.
6.3. You agree to only access the Service or Content through functionalities provided and intended by BeatBranch.
6.4. You agree not to apply any additional technologies to Service other than the ones provided by BeatBranch.
6.5. You agree not to modify any part of the Service.
6.6. BeatBranch reserves the right to end the Service partly or entirely at any time without reason or notice.
7.1. The trademark, service marks and logos on the Service are owned and licensed to BeatBranch.
8.1. You understand BeatBranch makes no warranties.
9.1. You understand BeatBranch provides functionality to distribute Content, but is not liable for any material within any Content.
9.2. You understand you are liable for all matters related to the Content published from your account.
9.3. You understand BeatBranch is not liable for the unauthorized use of Service.
9.4. You understand BeatBranch is not liable for any error or inaccuracies of Service or Content.
9.5. You understand BeatBranch is not liable for any claim, loss or damage resulting from use of Service or Content.
9.6. Although BeatBranch will not be liable for your losses and damages caused by any unauthorized use of your account, you may be liable for the loss and damage of BeatBranch due to such unauthorized use.
9.7. You understand that you are liable for your use of Service pertaining to the compliance of all laws within your jurisdiction.
10.1. You agree to defend, indemnify and hold harmless BeatBranch against all claims, losses or damages resulting from your violation of these Terms.
11.1. If any provision in these Terms is deemed invalid by a court of competent jurisdiction, you understand that the invalidity is only of that provision and that all other provisions stated within these Terms remain valid and you remain in agreement with them.
12.1. You understand that the Service are based in Minnesota and that these Terms were created to be governed by the laws of the State of Minnesota.
12.2. You understand any claim or dispute between you and BeatBranch in using Service shall be settled by a court of competent jurisdiction located in Minneapolis, Minnesota.