What Beats Rock - Terms of Service

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  • 1. Introduction. These Standard Terms and Conditions (these "Terms" or these "Standard Terms and Conditions") contained herein on this webpage and on the Privacy Policy, shall govern your use of this website (What Beats Rock) and associated apps, including all pages within this website and all pages within any app produced by Based Apps and Games, LLC. (collectively referred to herein below as this “Service”). These Terms apply in full force and effect to your use of this Service and by using this Service, you expressly accept all terms and conditions contained herein in full. You must not use this Service, if you have any objection to any of these Service Standard Terms and Conditions. This service is only to be used by eligible users, the criteria as defined in Section 2.
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  • 2. Eligibility. When you create an account you must provideWhat Beats Rock with accurate information, in good faith, and you agree to keep your information updated if it changes. By registering an account with What Beats Rock, you represent and warrant that you are at least 13 years of age, and, if you are under 18, that you have a parent or legal guardian's consent to these Standard Terms and Conditions or are eligible to form a binding contract with What Beats Rock. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
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  • 3. Intellectual Property Rights. Under these Terms, What Beats Rock(“What Beats Rock”) and Based Apps and Games, LLC and/or its licensors own all rights to the intellectual property and material contained in this Service, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Service. You may take screenshots and video of the site.
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  • 4. Acceptable Use. What Beats Rock requires that all users respect and comply with the Terms below, at all times, when using this Service.
       
    • 5.1 Certain areas of this Service are restricted from access by you and What Beats Rock may further restrict access by you to any areas of this Service, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Service are confidential and you must maintain confidentiality of such information. You may not: (1) useWhat Beats Rock other than for your own lawful and personal use in accordance with these Terms; (2) impersonate What Beats Rock, a What Beats Rock employee, another user, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you andWhat Beats Rock and/or any other person or entity; (3) falsify account registration information, or make unauthorized use of another's information or content; (4) use What Beats Rockin any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; (5) copy, reproduce, distribute, sell, commercialize, sublicense, modify, or create derivative works from, any portion of this Service or any content on this Service without What Beats Rock’s express written permission; (6) use this Service in any way that is, or may be, damaging to this Service, including abusing software exploits or hacking; (7) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service, or while using this Service or (8) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by What Beats Rock, may harm What Beats Rock or users of the Service or expose them to liability.
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    • 5.3 You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Service or any server, network or system associated with What Beats Rock, or to extract, collect, harvest or gather content or information from What Beats Rock.
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    • 5.4 You shall not make any other use of this Service that violates these Terms or any applicable law.
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  • 6. Disclaimer; Limitations of Liability. By using this Service, you acknowledge and agree as follows:  
       
    • 7.1 YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,What Beats Rock AND BASED APPS AND GAMES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, OR NON-INFRINGEMENT. What Beats Rock ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THIS SERVICE, CONTENT ON THIS SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THIS SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OFWhat Beats Rock’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS SERVICE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OF, OR INFORMATION PROVIDED BY (INCLUDING CONTENT), OUR USERS OR OTHER THIRD PARTIES.
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    • 7.2 IN NO EVENT SHALL What Beats Rock, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THIS SERVICE, CONTENT ON THIS SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OFWhat Beats Rock’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE THIS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS AND/OR THIS SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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  • 8. Indemnification. You hereby agree to indemnify to the fullest extent What Beats Rock from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to any of the following: (1) your use of this Service or any of its features; (2) your breach of any of the provisions of these Terms.
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  • 9. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
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  • 10. Variation of Terms. What Beats Rock is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Service.
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  • 11. No Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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  • 12. Assignment. What Beats Rock shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
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  • 13. Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Service, constitute the entire agreement between What Beats Rock and you in relation to your use of this Service, and supersede all prior agreements and understandings with respect to the same.
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  • 14. Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.