Terms of Use

(1) Introduction - These Terms of Use govern your use of our website; by using our website, you accept these Terms and Conditions in full. If you disagree with any part of these Terms of Use, do not use our website.

(2) Description of the Services - Beatbravo enables DJ’s to upload and share audio and DJ sets with other users. Beatbravo is an on-demand platform that helps DJ’s host and distribute their content online. It’s all about helping fans discover new music.

(3) Intellectual Property Rights - Unless otherwise stated, we or our licensors, affiliates or subsidiaries own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved. No rights to the Content are granted to you.
You acknowledge that the Services contains various materials and content, without limitation, the 'Content', provided either by Beatbravo, third party authors, developers and vendors and the underlying intellectual rights, copyright and trademarks are owned by Beatbravo and /or its contributors and may not be copied in whole or in part. You may stream and make personal, non-commercial use of the Content permitted by the Dutch Copyright Act and not otherwise prohibited by any applicable law, rule or regulation; provided that you maintain all copyright and other notices contained in such Content; and provided that you shall not download, retain or store any significant portion of any Content. You will comply with laws regarding transmission of data. You cannot download the Content: instead you can purchase tracks in the relevant digital stores by following the provided Store links.

(4) License to Use Website – After subscribing as a Contributor (i.e. signing up as a DJ), you may upload Content created by you or for which you have received express permission from the owner on the Services so that other users may view and stream said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to Beatbravo and its successors, assigns and licensees, for the sole purpose of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate and archive the Content.

You, not Beatbravo, are solely responsible for the Content you upload and store on Beatbravo servers. Beatbravo does not claim any ownership rights in your Content, and you hereby expressly acknowledge and agree that your Content remains your sole responsibility. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that Beatbravo reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates these Terms of Use, Privacy policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.

If your copyrighted or trademarked works are on the Beatbravo website without your permission, please contact info at beatbravo.com describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Illegal files will be removed immediately after notice with sufficient information.

You control your data through its generated link via your account and/or cookies which may be placed on your computer. Beatbravo maintains multiple copies of active files. Beatbravo bears no responsibility for maintaining your data indefinitely.

You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Beatbravo will not be liable for any losses you might suffer, you may be liable for the losses of Beatbravo or others.

Beatbravo does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. Beatbravo may, in its sole discretion, correct any errors or omissions in any Content. Beatbravo Content may contain links to external sites; however, Beatbravo is not responsible for any availability of or the content on or through any external site.

You are solely responsible for your interactions with other users of the Services. Any views expressed on the website do not reflect the views of Beatbravo.

(5) Subscription - Beatbravo Free Services are available to anyone over the age of 16. Accounts for business entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. Anyone using Beatbravo Services must comply with the Beatbravo Terms of Use and Privacy policy. Anyone, including business entities, not in compliance may be removed and banned from the Services without prior notice. Beatbravo reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. These Terms of Use and our Privacy policy shall survive any termination of your access to the Services.

Beatbravo may, without compensation or proration, cancel your subscription in the event of violation of any condition stated in these Terms of Use.

Refund requests are handled on a case-by-case basis. If you feel you are due a refund, contact Beatbravo by email at refund at beatbravo.com.

Beatbravo reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be sent to info at beatbravo.com. Each complaint will be investigated and appropriate action will be taken.

Beatbravo may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.

(6) Limitations of Liability - You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Neither Beatbravo nor any provider of any third party content warrants that the service will be uninterrupted or error free or make any warranty of the results to be obtained from use of the services or content. Both the services and Content are distributed on an 'as is, as available' basis. Neither Beatbravo nor any third party makes any warranties of any kind, either express or implied, including, without limitations, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the services or content or any products or services sold through the services.

Neither Beatbravo nor any third party warrant that any files available for streaming through the services will be free of viruses or similar contamination or destructive features. You agree that you assume all risk as to the quality and performance of the services and the accuracy and completeness of the content. Beatbravo is not responsible or liable for any unauthorized access to or alteration of your content or for any violation of its terms of use or privacy policy.

Light patterns, like those displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.

You agree to indemnify, defend and hold Beatbravo and its affiliates, and their respective officers, directors, owners, agents, information providers and licensor's harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by any Beatbravo Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. Beatbravo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Beatbravo's defense of such claim.

Neither Beatbravo nor any third party provider shall be liable to you or any third party for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the services, even if such party has been advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Beatbravo and you. Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these Terms of Use or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

However, nothing in these Terms of Use shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

(7) Website Usage - You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website for any purposes related to marketing without our express written consent.

You must not use our website to copy, publish or send mass mailings or spam.

You must not use our website to copy, publish, upload or send material which is illegal or unlawful, or material which could give rise to legal action under Dutch and other applicable law. All material you copy, publish or send via our website or upload to our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.

In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.

You agree while using Beatbravo Services, that you may not:
  • Use the Services for any illegal purpose;
  • Use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services, with the exception of public search engines;
  • Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature;
  • Upload any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content;
  • Reformat or frame any portion of any web page that is part of the Services without the express permission of Beatbravo;
  • Collect or harvest any personal identifiable information or solicit users;
  • Impersonate another person, whether real or fictional;
  • Permit any third parties to use your name and password;
  • Violate or attempt to violate Beatbravo systems or interfere with the normal use of the Services by users;
  • Resale Beatbravo's products and Services;
  • Post Content containing restricted or password only files;
  • Post advertisements or solicitations of business;
  • Transmit any form of solicitation or Spam;
  • Submit any Content that falsely implies sponsorship of the Content by the Services, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading;
  • Promote an illegal or unauthorized copy of another person's copyrighted work;
  • Submit Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity;
  • Submit Content that violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without consent of the third party;
  • Defame or libel any person; invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person;
  • Export or re-export Content in violation of the export or import laws of the Netherlands or without all required approvals, licenses and exemptions;
  • Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind.
You agree while using Beatbravo Services to respect the intellectual property rights of others.

We reserve the right to edit or remove any material posted upon our website. Please e-mail reports of any TOU violations to info at beatbravo.com

We may take such action as we deem appropriate to deal with the posting of unsuitable, unlawful or copyright-infringing material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you.

(8) Linking and On-Demand Audio Player Policy - You may include links to the Website or include audio players in any website under the following criteria:
(a) You may link to, but not replicate, the Content;
(b) You must not imply that Beatbravo or the Platform are endorsing or sponsoring your website or its products, unless Beatbravo has given its prior written consent;
(c) You must not present false information about Beatbravo or its products or services;
(d) You must not use any Beatbravo Content or Services except as expressly permitted in these Terms & Conditions or without prior permission from Beatbravo;
(e) The website must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial;
(f) The website must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights.
By linking to or embedding an audio player in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed audio players for any reason in our sole and absolute discretion.
Beatbravo audio players are designed to enable our users to share Beatbravo with their friends. You are strictly prohibited from using any of the Beatbravo audio players for any form of commercial use, unless with prior written consent from Beatbravo. If you are the operator of a commercial website and would like to include Beatbravo audio players in your website, or if you would like to use the audio players for commercial purposes, please contact us by emailing feedback AT Beatbravo DOT com.

Beatbravo reserves the right to remove links or to block Beatbravo audio players at any time and for any reason in its absolute discretion.

(9) Third party websites - The website contains links to other websites. We are not responsible for the content of third party websites. By use of the Services, you expressly relieve Beatbravo from any and all liability arising from your use of any third-party website.

(10) Variation - We may revise these Terms of Use from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

(11) Entire agreement - These Terms of Use together with our Legal Disclaimer and Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between these Terms of Use and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

(12) Severability - If any provision of these Terms of Use are being held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

(13) Binding Effect - By registering for an account with Beatbravo or using Beatbravo as a visitor, you are signifying that you have read these Terms of Use, that you understand the Terms of Use, and you agree to be bound by these Terms of Use.
Your continued use of the website and any associated services, the 'Services', indicates your acceptance of these Terms of Use. If you are dissatisfied with anything related to the Beatbravo website, your sole remedy is to discontinue use of the Services. You use the Services of Beatbravo at your own risk.
No failure in delay in exercising or enforcing this policy shall constitute a waiver of the policy or any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

(14) Law and Jurisdiction – These Terms of Use will be governed by and construed in accordance with Dutch law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of The Netherlands. You and Beatbravo each irrevocably consent to the personal jurisdiction of the magistrate or crown courts located in The Netherlands ('Courts') with respect to any action, suit or proceeding arising out of or related to this Contract or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.

(15) Our Contact Details - You can contact us by
info at beatbravo dot com

v.1.0.4
DATE: JAN 2013
 

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