Terms
Date of Last Revision: May 8, 2009
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (”Statement”) governs our relationship with users and others who interact with Beat Sheet Central. By using or accessing Beat Sheet Central, you agree to this Statement.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on Beat Sheet Central. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Beat Sheet Central. In order for us to use certain types of content and provide you with Beat Sheet Central, you agree to the following:
1. For content that is covered by intellectual property rights, like beat sheets (”IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Beat Sheet Central (”IP License”). This IP License term is in perpetuity, for the life of your copyright.
2. We always appreciate your feedback or other suggestions about Beat Sheet Central, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety
We do our best to keep Beat Sheet Central safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
2. You will not collect users’ information, or otherwise access Beat Sheet Central, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
8. You will not use Beat Sheet Central to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
Beat Sheet Central users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Beat Sheet Central, or create an account for anyone other than yourself without permission.
2. You will not use Beat Sheet Central if you are under 13.
3. You will not use Beat Sheet Central if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
4. You will not use Beat Sheet Central if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
1. You will not post content or take any action on Beat Sheet Central that infringes someone else’s rights or otherwise violates the law.
2. We can remove any content you post on Beat Sheet Central if we believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
4. If we removed your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including Beat Sheet Central, the Beat Sheet Central Logos) without our written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not Beat Sheet Central) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone’s identification documents or sensitive financial information on Beat Sheet Central.
6. Payments
If you purchase or use Beat Sheet Central Credits, or make direct payments, you agree to our Payments Terms.
7. Amendments
1. We can change this Statement so long as we provide you notice through Beat Sheet Central (unless you opt-out of such notice) and an opportunity to comment.
2. For changes we will give you a minimum of seven days notice.
3. We can make changes for legal or administrative reasons upon notice without opportunity to comment.
8. Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Beat Sheet Central to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but these provisions will still apply.
9. Disputes
1. You will resolve any claim, cause of action or dispute (”claim”) you have with us arising out of or relating to this Statement or Beat Sheet Central in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions or your content on Beat Sheet Central, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP BEAT SHEET CENTRAL UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BEAT SHEET CENTRAL “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BEAT SHEET CENTRAL WILL BE SAFE OR SECURE. BEAT SHEET CENTRAL IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BEAT SHEET CENTRAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BEAT SHEET CENTRAL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEAT SHEET CENTRAL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Definitions
1. By “Beat Sheet Central” we mean the features and services we make available, including through (a) our website at www.BeatSheetCentral.com and any other Beat Sheet Central branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By “us,” “we” and “our” we mean Tekron Consult Global NY, Inc. and/or its affiliates.
3. By “Platform” we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Beat Sheet Central and provide data to us relating to Beat Sheet Central users.
4. By “content” we mean the content and information you post on Beat Sheet Central, including information about you and the actions you take.
5. By “post” we mean post on Beat Sheet Central or otherwise make available to us.
6. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
11. Other
1. This Statement makes up the entire agreement between the parties regarding Beat Sheet Central, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.