These terms and conditions of use ("Terms of Use") apply to your use of this web site and audio files provided by "Beats365.com". By visiting and accessing this site, you acknowledge and accept these terms of use. These Terms of Use also incorporate by this reference the terms of our Privacy Policy. In addition, when using particular services or features on the Service, you shall be subject to any guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you do not agree to these Terms of Use and our Privacy Policy, you are not authorized to use the Service.
We may change the Terms of Use and/or the Privacy Policy at any time without notice to you, by posting such changes on the Service. By using the Service following any modifications to the Terms of Use or Privacy Policy, you agree to be bound by any such modifications. Please check this page and our Privacy Policy periodically to familiarize yourself with any changes that may have occurred. Again, your use of the Service means that you accept and agree to the Terms of Use and Privacy Policy.
Links from and to the Service:
You acknowledge and agree that Beats365.com has no responsibility for the accuracy or availability of information, appropriateness or other content provided by web sites linked to or from the Service. Hyperinks to or from external web sites are not endorsed by Beats365.com and the sponsors or operators of such sites or the content, products, advertising or other materials presented on such sites are not endorsed by Beats365.com.
We do not author, edit, or monitor these other sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss, harassment or impotence caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Certain services and features offered through the Service are provided by third parties outside of the Service. While the Service provides a link to these services, we have no control over these services or the companies that provide them.
You understand and agree that we are not responsible in any way for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties. Information you provide when you use such services is collected by such services (and not by us), and we do not control their use of such information. You should do the same for other services provided by third parties.
Purchasing a Membership
If you would like to purchase a membership or other items offered on the Service (collectively, "Merchandise") your purchase will be subject to the terms and conditions of our Customer Service Policy.
We provide members with access to a thank-you page, and/or members section where members can access audio files and/or text files and/or html pages that contain the features and content originally offered to non-members. We have to the best of our ability, made it universally understood that a one time fee will grant you access to a membership that is updated with files for download, and an updating database where files accumulate over time. We decide when to update and upload the material to the members section at any given time and we are not required to give notice to the customer when doing so.
By submitting payment information in connection with any such purchase, you agree to be bound by these terms. Our Customer Service Policy is hereby incorporated by reference into the Terms of Use.
Affiliate Program Disclaimer:
We use Clickbank.com for our affiliate program. Clickbank is the world's biggest and most successful digital products retailer and they will pay you 70% commission per sale for your advertising efforts. They track your sales with your unique hoplink. You as an affiliate take on all responsibility during your promotional efforts. We have, to the best of our ability, maintained one of the best reputations as a digital products affiliate program. We make no guarantees that you will be a successful affiliate marketer, and we are not responsible for any interuptions in hosting, hoplinks or other interferences. We are not responsible for processing payments, tracking your sales and issuing checks. You are fully responsible for your dealings with Clickbank since we do not control them. Clickbank.com issues checks every two weeks. We use Clickbank for all sites featured on BigBillions.com. For more information on how the Clickbank.com system works, please visit the Clickbank.com site for more information.
What You Cannot Do on the Service:
Amongst many other things while using the Service you should not and may not:
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other proprietary or intellectual property rights, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder; or upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted under U.S. copyright laws; or upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to any kind of criminal and/or civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the rules, laws and regulations, United States Civil and/or Criminal Law, U.S. export or any other laws and regulations; or upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the Company); or restrict or inhibit any other user from using and enjoying the Service; or post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Company) or engage in spamming or flooding or any other fishy dodgy way to sneakily bypass legal system; or impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Company, the Service or its members. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.
Submissions:
All information or other materials submitted to the Service, whether through chat rooms, message boards, blogs, or otherwise, shall be deemed and remain the property of the Company, and we shall have the universal and worldwide, perpetual, irrevocable right to reproduce, modify, publish, display, perform, adapt, distribute and otherwise use and exploit any images, ideas, concepts or anything else contained in information or other materials that any user of the Service provides to the Service, in all media and for any purpose, without any compensation, attribution or other obligation to such user. The Company shall not be subject to any obligations of confidentiality regarding submitted information or materials, except as otherwise specifically agreed or required by law. In connection with the foregoing, you hereby grant to us the right to use your name (and likeness, if you provide a photograph or other image to us) to attribute to you comments, opinions and other material contained in your submissions and to otherwise promote Company, our products and the Service. Do not submit any photographs or other materials which do not belong to you.
If You Break the Rules:
You acknowledge and agree that, regardless of whether you have registered for a paid membership in the Service or whether or not you are a paid member of our site, we may terminate your password or your access or deny you access to all or part of the Service without prior notice if you engage in any conduct or activity that we, in our sole discretion, believe violates any of these Terms of Use, violates the rights of the Service, infringes the copyright or other rights of any party or is otherwise inappropriate, as determined by us, for continued access. No refunds of eventual subscription fees will be given under any circumstances. You agree to defend, indemnify and hold the Company and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees arising in any way from your use of the Service, the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or any violation of these Terms of Use by you or users of your account.
Disclaimer of Warranties; Limitation of Liability
By using the Service, including any software and content contained therein, you agree that use of the Service is entirely at your own risk. The Service is provided to you for entertainment purposes only, and we cannot guarantee the accuracy or completeness of the information contained in the Service. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL MERCHANDISE OFFERED THEREON) IS PROVIDED "AS IS," CANNOT BE HELD RESPONSIBLE FOR LOSS OF INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS.
NEITHER THE COMPANY NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY MERCHANDISE OFFERED THEREON) OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
BECAUSE SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Our Proprietary Rights:
Beats365, LLC is the owner and/or authorized user of any trademarks, logos, tradenames and/or service marks appearing on the Service, including but not limited to "Beats365", "Beats365.com," "Nebula," "Nebula1," or "Jamie Lewis" is the copyright owner or licensee of the content and/or information on the Service, unless otherwise indicated. The Service does not grant to you a license to any content, features or materials you may access on the Service. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms of Use, for any purpose. You may, however, print a copy of the information on the Service solely for your personal use or records. If you make other use of the Service, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, logos, tradenames, service marks, other copyrightable or other material or any other intellectual property, by including them on the Service.
Termination; Modification:
We reserve the right to change or discontinue, temporarily or permanently, the Service (or any part thereof),
including but not limited to revising and/or deleting features or other information without prior notice to you. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service. The content of the Service may vary depending upon your browser functionality and limitations. We reserve the right, at our sole discretion, immediately and without notice to suspend or terminate the Terms of Use, your account (if you have registered) and/or your ability to access the Service, for any reason.
Internet Access:
You acknowledge and agree that in order to use the Service you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software and a modem or other.
Information You Provide to Us:
You may be required to provide us with information about yourself in order to enjoy certain features of the Service, such as registering for our e-mail list or for a Beats365.com Message Board, or shopping for Merchandise. If you choose to provide us with such information, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. Any information you provide to us is subject to our Privacy Policy.
Other Terms:
You agree not to resell or transfer to any third party the Service or use of or access to the Service. The Terms of Use and the relationship between you and the Company shall be governed by the laws of The United States, but not its choice of law rules. You and Company each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New York, USA.
The failure of Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
U.S. Government Restricted Rights
Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c) (Jun 1987), or DFAR 252.227-7013(c)(1)(ii)(Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this Site. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data in this Site.
Notice of Designated Agent for Notification of Claimed Copyright Infringement:
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, suspend or cancel the accounts and/or access of users who may be infringing the intellectual property rights of others. If you believe that your work has been copied by materials on the Service in a way that constitutes copyright infringement, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company's Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
Beats365, LLC
21-72 21st street #2
Astoria, NY 11105
Email: support@champsites.com
All Rights Reserved. 2009 Beats365, LLC
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