PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE RELENTELESBEATS.COM WEBSITE (the “Site”).
This Site is fully controlled and operated by Relentless Beats, LLC. (“Relentless Beats” or “us”). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Relentless Beats (the “Agreement”). Please note that this Site and the Services (as defined below) offered are only open to users 16 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site. By registering for this Site, you will automatically be registered to use Relentless Beats’ other websites and all of the services offered by each, including but not limited to chat rooms, message boards, email services, text message services.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on March 7, 2012.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of Relentless Beats, LLC and/or its subsidiaries, affiliates or assigns or Relentless Beats, LLC’s licensers or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. Relentless Beats, LLC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Relentless Beats, LLC. Use of Relentless Beats, LLC and/or its licenser’ material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
COMMUNITY STANDARDS AND SUBMISSIONS
To the extent that portions of this site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the “Posting(s)”), please be advised that Postings do not necessarily reflect the views of Relentless Beats, LLC. In no event shall Relentless Beats, LLC assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site. By submitting a Posting, you authorize Relentless Beats, LLC to use, and authorize others to use, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature.
By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortious, or otherwise unlawful information which may infringe upon the right of any third party. If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant Relentless Beats, LLC permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, Relentless Beats, LLC will have the right to use and change the Postings in any manner that Relentless Beats, LLC may determine. Please be advised that in no event shall Relentless Beats, LLC assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on Relentless Beats, LLC’s websites, affiliated television programming services or elsewhere.
Please also understand that your Postings shall not be returned by Relentless Beats, LLC. You agree to defend, indemnify and hold Relentless Beats, LLC, it parent, affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
The Relentless Beats, LLC chatroom/bulletin board may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Relentless Beats, LLC periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Relentless Beats, LLC will make every effort to ensure that the chatroom/bulletin boards best serve the interests of all users and, therefore, Relentless Beats, LLC reserves the right to refuse to post, edit, or delete messages or any Postings that violate the above-referenced Rules of Participation or Terms and Conditions of this Site, as well as revoke the privileges of users who do not comply with such rules or block specific IP addresses and delete user’s password and username. If you believe that any information provided on this Site violates the Rules of Participation, Terms of Use of this Site, or otherwise infringes upon the rights of any third party, please send us e-mail.
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
Relentless Beats, LLC provides Rules of Participation for certain activities on this Site including, without limitation, e-mail services, contests, sweepstakes, and auctions by Relentless Beats, LLC and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Relentless Beats, LLC is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Relentless Beats, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSERS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Relentless Beats, LLC OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Relentless Beats, LLC’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site. HYPERLINKS TO THIRD PARTY SITES The appearance of external hyperlinks does not constitute endorsement by Relentless Beats, LLC, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and Relentless Beats, LLC does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Relentless Beats, LLC is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Relentless Beats, LLC, its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the “Information”) or Postings from the end user, be advised that in no event shall Relentless Beats, LLC assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, Relentless Beats, LLC will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Relentless Beats, LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. Relentless Beats, LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Relentless Beats, LLC in asserting any available defenses.
MISCELLANEOUS
Relentless Beats, LLC operates and controls this site from its offices in Peoria, Arizona, United States of America. This site is intended exclusively for residents of the United States including residents of the United States, its territories and possessions. No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supercedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Arizona and County of Maricopa.
Questions and Concerns. For more information about Relentless Beats, LLC, send us an e-mail.
