PlayBeats - Terms and Conditions of Use
Last modified: February 1, 2025
Acceptance of Terms and Conditions of Use
These terms and conditions of use for https://playbeats.app/
("Website") and the software application PlayBeats
("Application"), available on the iOS App Store, constitute a
legal agreement and are entered into by and between you and PlayBeats
Inc. ("we," "us," "our"). The following terms
and conditions, together with any documents and/or additional terms
they expressly incorporate by reference (collectively, "Terms and Conditions"), govern your access to
and use of,
the Website and the Application (collectively, "Services"),
including any content and functionality offered on, or through, the
Services.
BY USING THE SERVICES, OR BY CLICKING TO ACCEPT THE TERMS AND
CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE
TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT
https://playbeats.app/privacy.html,
INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE
THE SERVICES.
By using the Services, you represent and warrant that you are the
legal age of majority under applicable law to form a binding
contract with us, and that you meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must
not access or use the Services.
Modifications to the
Terms and Conditions and to the Services
We reserve the right in our sole discretion to revise and update
the Terms and Conditions from time to time. Any and all such
modifications are effective immediately upon posting and apply to
all access to and continued use of the Services. You agree to
periodically review the Terms and Conditions in order to be aware of
any such modifications and your continued use of the Services after
such modifications shall constitute your acceptance of them.
The information and material on the Services, and the functionality
of the Services, may be changed, withdrawn or terminated at any time
in our sole discretion, without notice. We will not be liable if,
for any reason, all or any part of the Services is restricted to
users or unavailable at any time or for any period. You agree that we have no responsibility or liability for the
deletion of, or the failure to store or to transmit, any information
maintained by us.
We reserve the right, as reasonably necessary or convenient, either
for our own purposes or to improve the quality of any of the
components comprising the Services, to change rules of operation for
the technologies therein comprised, system interfaces, utilities,
operating and other systems and software, and to implement
enhancements, amendments or updates thereto. To minimize the
effect of service outages, we will undertake reasonable efforts to
schedule times during which the Services will be unavailable to you,
due to maintenance.
Your Use of the Services and Security
The security of your personal information is very important to us.
We use physical, electronic, and administrative measures designed to
secure your personal information from accidental loss and from
unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you.
Users are responsible for obtaining their own access to the
Services.
Unfortunately, the transmission of information via the Internet
is
not completely secure. Although we do our best to protect your
personal information, we cannot guarantee the security of your
personal information transmitted to, or through, the Services. Any
transmission of personal information is at your own risk. We are not
responsible for circumvention of any privacy settings or security
measures contained on, or in, the Services.
You are prohibited from attempting to circumvent and from violating
the security of the Services, including, without limitation: (a)
accessing content and data that is not intended for you; (b)
attempting to breach or breaching any security and/or authentication
measures; (c) restricting, disrupting or disabling service to users,
hosts, servers or networks; (d) illicitly reproducing TCP/IP packet
headers; (e) disrupting network services and otherwise disrupting
our ability to monitor the Services; (f) using any robot, spider, or
other automatic device, process, or means to access the Services,
for any purpose, including monitoring or copying any of the material
on, or in, the Services; (g) introducing any viruses, trojan horses,
worms, logic bombs, or other material that is malicious or
technologically harmful; (h) attacking the Services via a
denial-of-service attack, distributed denial-of-service attack,
flooding, mailbombing or crashing; and (i) otherwise attempting to
interfere with the proper working of the
Services.
Intellectual Property Rights and Ownership
You understand and agree that the Services and the entire contents,
features and functionality that comprise the Services, including,
but not limited to, all information, software, code, text, displays,
graphics, photographs, video, audio, design, presentation, selection
and arrangement, are owned by us, our licensors, or other providers
of such material and are protected in all forms by intellectual
property laws, including without limitation, copyright, trade-mark,
patent, trade secret and any other proprietary rights.
PlayBeats name, and all related names, logos, product and service
names, designs, images and slogans, are trade-marks of PlayBeats or
its licensors. You must not use such marks without our prior written
permission. Other names, logos, product and service names, designs,
images and slogans mentioned, or which appear on, or in, the
Services, are the trade-marks of their respective owners. Use of any
such property, except as expressly authorized, shall constitute an
infringement or violation of the rights of the property owner and
may be a violation of federal or other laws and could subject the
infringer to legal action.
You may only use the Services for your personal and non-commercial
use, and only for lawful purposes and in accordance with these Terms
and Conditions. You shall not directly or indirectly reproduce,
compile for an internal database, distribute, modify, create
derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the material on the Services, in
any form or medium whatsoever, except that:
(a)
your device and browser may temporarily store or cache copies of
materials being accessed and viewed;
(b)
a reasonable number of copies for personal use only may be printed,
keeping any proprietary notices thereon, which may only be used for
non-commercial and lawful personal use and not for further
reproduction, publication, or distribution of any kind on any medium
whatsoever;
(c)
one single user copy may be downloaded with any proprietary notices
intact, for your own personal, non-commercial use, conditional on your
agreement to be bound by these Terms and Conditions, in respect of
your use of such downloads; and
(d)
if social media platforms are linked to certain content on, or in,
the Services, you may take such actions as the Services and such
third-party social media platforms permit.
Users are not permitted to modify copies of any materials
from the Services, nor to delete or alter any copyright, trade-mark,
or other proprietary rights notices from copies of materials from
the Services. You must not access or use for any commercial
purposes any part of the Services or any services or materials
available through the Services.
If you print, copy or download any part of the Services in breach
of these Terms and Conditions, your right to use the Services will
cease immediately and you must, at our option, return or destroy any
copies of the materials you have made. You have no right, title, or
interest in or to the Services or to any content on, or in, the
Services, and all rights not expressly granted are reserved by us.
Any use of the Services that is not expressly permitted by these
Terms and Conditions is a breach of these Terms and Conditions and
may infringe or violate copyright, trade-mark, and other
intellectual property or other proprietary laws.
We reserve the non-expiring right to use and disclose (for commercial
purposes or otherwise) the textual and numerical statistical portion
of all data in the Services at any time, to conduct analysis for
industry trends.
Conditions of Use and User Submissions and Site Content
Standards
You warrant and agree that your use of the Services shall
not:
(a)
In any manner violate any applicable federal, provincial, local, or
international law or regulation including, without limitation, any
laws regarding the export of data or software, patent, trade-mark,
trade secret, copyright, or other intellectual property, legal
rights (including the rights of publicity and privacy of others) or
contain any material that could give rise to any civil or criminal
liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms and Conditions and our Privacy
Policy found at
https://playbeats.app/privacy.html.
(b)
In any manner violate the terms of use of any third-party website
that is linked to the Services, including but not limited to, any
third-party social media website.
(c)
Include or contain any material that is determined to be
exploitive, obscene, harmful, threatening, abusive, harassing,
hateful, defamatory, sexually explicit or pornographic, violent,
inflammatory, or discriminatory, based on race, sex, religion,
nationality, disability, sexual orientation, or age or any other
such legally prohibited ground, or be otherwise objectionable, such
determination to be made in our sole discretion.
(d)
Involve stalking, attempting to exploit or harm any individual
(including minors) in any way, by exposing them to inappropriate
content or otherwise, or ask for personal information as prohibited
under applicable laws, regulations or codes.
(e)
Involve, provide or contribute any false, inaccurate or misleading
information.
(f)
Impersonate or attempt to impersonate us, our employees, another
user, or any other person or entity (including, without limitation, by
using email addresses, or screen names associated with any of the
foregoing).
(g)
Transmit, or procure the sending of, any advertisements or
promotions, sales, or encourage any other commercial activities,
including, without limitation, any "spam", "junk mail", "chain
letter", contests, sweepstakes and other sales promotions, barter,
or advertising or any other similar solicitation.
(h)
Fraudulently represent online advertisement impressions, clicks,
conversion or data events, in order to generate revenue, or for any
other purpose.
(i)
Encourage any other conduct that restricts or inhibits anyone's use
or enjoyment of the Services, or which, as determined by us, may
harm us or users of the Services, or expose them to liability.
(j)
Cause annoyance, inconvenience, or needless anxiety, or be likely
to upset, embarrass, or alarm any other person.
(k)
Promote any illegal activity, or advocate, promote, or assist any
unlawful act.
(l)
Give the impression that anything you do or say is endorsed by us
or any other person or entity, if this is not the case.
Monitoring and
Enforcement, Suspension and Termination
We have the right, without provision of notice to:
·
Take appropriate legal action, including, without limitation,
referral to law enforcement or any regulatory authority, or notifying
the harmed party of any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate
with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information of any user
of the Services.
·
Terminate, restrict or suspend your access to all or part of the
Services, for any or no reason, including, without limitation, any
violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS PLAYBEATS AND ITS SUBSIDIARIES,
AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,
LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL
CLAIMS RESULTING FROM ANY ACTION TAKEN (OR NOT TAKEN) BY PLAYBEATS
AND ANY OF THE FOREGOING PARTIES, RELATING TO ANY
INVESTIGATIONS BY EITHER PLAYBEATS OR SUCH PARTIES, OR BY LAW
ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party, to
monitor the Services or their use. We have no liability for any
action or inaction regarding transmissions, communications, or
content provided by any user or third party, subject to applicable
laws.
No Reliance
Although we make reasonable efforts to update the information on,
and in, the Services, we make no representations, warranties or
guarantees, whether express or implied, that the content on, or in,
the Services, is accurate, complete or up to date. Your use of
the Services is at your own risk and neither we, nor our
subsidiaries, affiliates, and their respective directors, officers,
employees, agents, service providers, contractors, licensors,
licensees, suppliers, successors or assigns, have any responsibility
or liability whatsoever, for your use of
the Services.
The Services include content provided by third parties, including
from third-party licensors. All statements and/or opinions expressed
in any such third-party content, other than the content provided by
us, are solely the opinions and the responsibility of the person or
entity providing those materials. Such materials do not necessarily
reflect our opinion. Neither us nor our subsidiaries, affiliates,
and their respective directors, officers, employees, agents, service
providers, contractors, licensors, licensees, suppliers, successors
or assigns, have any responsibility or liability whatsoever to you,
or any third party, for the content or accuracy of any third-party
materials.
Privacy
By submitting your personal information and using the Services, you
consent to the collection, use, reproduction, hosting, transmission
and disclosure of any such user content submissions in compliance
with our Privacy Policy, found at
https://playbeats.app/privacy.html.
Third Party Websites
For your convenience, the Services may provide links or pointers to
third-party sites. We make no representations about any other
websites that may be accessed from the Services. If you choose to
access any such sites, you do so at your own risk. We have no
control over the contents of any such third-party sites and accept
no responsibility for such sites or for any loss or damage that may
arise from your use of them. You are subject to any terms and
conditions of such third-party sites.
Such links to third-party sites from the Services may include links
to certain social media features that enable you to link or transmit
on your own, or using certain third-party websites, certain content
from the Services. You may only use these features when they are
provided by us and solely with respect to the content identified by
us.
Consent to Electronic Communication
When you visit the Website or use the Services, or send email or text
messages to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will
communicate with you by email, text messages or by posting notices on,
or through, the Services. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically, satisfy any legal requirement that such communications
be in writing and/or signed.
Geographic Restrictions
The Services are not intended for use in any jurisdiction where
their use is not permitted. If you access the Services from outside
Italy, you do so at your own risk and you are responsible for
compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THEIR
CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE
SERVICES, IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
NEITHER PLAYBEATS NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS
OR ASSIGNS, MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY,
ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR THEIR
CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER PLAYBEATS NOR
ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS,
LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, REPRESENT OR
WARRANT THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS
FOUND OR ATTAINED THROUGH THE SERVICES, WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT
THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA
AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE
FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND
ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR DEVICES,
INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW,
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN
HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER PROGRAMS, DATA, OR
OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY
SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY
WEBSITE LINKED TO THE SERVICES.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO
CIRCUMSTANCE WILL PLAYBEATS NOR ITS SUBSIDIARIES, AFFILIATES OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS
OR ASSIGNS, BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT
MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER
ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF
PRIVACY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE,
OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED
WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE
CONTENT, MATERIALS, POSTING OR INFORMATION THEREON, EVEN IF THE
PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF SUCH HARM OR
LOSSES.
Indemnification
To the maximum extent permitted by applicable law, you agree to
defend, indemnify, and hold harmless PlayBeats, its subsidiaries,
affiliates, and their respective directors, officers, employees,
agents, service providers, contractors, licensors, suppliers,
successors and assigns, from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to
your breach of these Terms and Conditions or your use of the
Services, including, but not limited to, third-party sites, any use
of content on, or in, the Services, and products, other than as
expressly authorized in these Terms and Conditions.
Governing Law and Jurisdiction
We expressly exclude the UN Convention on Contracts for the
International Sale of Goods
S11, as amended, replaced or re-enacted from time to time.
Waiver
No failure to exercise, or delay in exercising, any right, remedy,
power or privilege arising from these Terms and Conditions operates,
or may be construed, as a waiver thereof. No single or partial
exercise of any right, remedy, power or privilege hereunder
precludes any other or further exercise thereof or the exercise of
any other right, remedy, power or privilege.
You agree to waive any right you may have to: (a) a trial by jury;
and (b) commence or participate in any class action against us related
to your use of the Services, the exchange of electronic documents
between us or these Terms and Conditions, and, where applicable, you
also agree to opt out of any class proceedings against us or our
licensors.
Severability and
Survival
If any term or provision of these Terms and Conditions is invalid,
illegal or unenforceable in any jurisdiction, such invalidity,
illegality or unenforceability shall not affect any other term or
provision of these Terms and Conditions or invalidate or render
unenforceable such term or provision in any other
jurisdiction.
Any provision of these Terms and Conditions that must survive to
fulfill its essential purpose (whether expressly stated as such or
not) and any obligation you have to pay fees incurred before
termination, will survive the termination of these Terms and
Conditions.
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the
sole and entire agreement between you and us, regarding the
Services, and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both
written and oral, regarding such subject matter.
Reporting and Contact
The Services are operated by PlayBeats
All notices of copyright infringement claims should be sent to
[email protected]
Should you become aware of misuse of the Services, you must report
it to us, at [email protected]
All other feedback, comments, requests for technical support, and
other communications relating to the Services, should be directed to
[email protected]