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TERMS OF USE
BEATCITY.com has established the following Terms of Use for BEATCITY.com and
all other BEATCITY NETWORK sites, consisting of: AboutTheBay.com, BayAreaNitelife.com,
CuisinePassport.com, FourLeafClothing.com, RUStillSingle.com, Real-Estate-Networking.com,
and JAConnection.com. These terms spell out what you can expect from us and what we
expect from you, the User.
By accessing any areas of BEATCITY.com and the BEATCITY NETWORK of web sites,
the user ("User") agrees to be legally bound and to abide by the terms set forth
below. BEATCITY.com and all other BEATCITY NETWORK sites ("BEATCITY") are owned
and operated by Scott Kent as a Sole Proprietorship.
I. TRADEMARKS & SERVICE MARKS
"BEATCITY", "Move to the Beat", "Get On. Get Off. Get Out!", "Know-It-Ball",
"Neighborhood Champion", "Cuisine Passport", "About The Bay", "Bay Area Nitelife",
"Four Leaf Clothing", "RU Still Single", "Get Out and About The Bay",
"Real Estate Networking", "JA Connection", and all related logos and graphics are
all trademarks and/or service marks of BEATCITY. All rights reserved. Use is prohibited
without prior written consent of BEATCITY.
All other trademarks, product names, and company names and logos appearing on BEATCITY
are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of BEATCITY is at User's sole risk. Neither
BEATCITY, nor its affiliates, nor any of their officers, directors, or
employees, agents, third-party content providers, merchants, sponsors, licensors
(collectively, "Providers"), or the like, warrant that BEATCITY will be
uninterrupted or error-free; nor do they make any warranty as to the results that
may be obtained from the use of BEATCITY, or as to the accuracy, reliability,
or currency of any information content, service, or merchandise provided through
BEATCITY.
THIS SITE IS PROVIDED BY BEATCITY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BEATCITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
BEATCITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BEATCITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL
PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN
BY BEATCITY NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON
ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall BEATCITY or any other party involved in creating,
producing, or distributing BEATCITY be liable for any direct, indirect,
incidental, special, or consequential damages that result from the use of or
inability to use BEATCITY, including but not limited to reliance by a User on
any information obtained from BEATCITY or that result from mistakes, omissions,
interruptions, deletion of files or email, errors, defects, viruses, delays in
operation or transmission, or any failure of performance, whether or not resulting
from acts of God, communications failure, theft, destruction, or unauthorized
access to BEATCITY's records, programs, or services. User hereby acknowledges
that this paragraph shall apply to all content, merchandise, and services available
through BEATCITY. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states liability is
limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that BEATCITY contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material
(collectively "Content") that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the U.S.
copyright laws, and BEATCITY owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. User may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole or in
part. If no specific restrictions are displayed, Users may make copies of select
portions of the Content, provided that the copies are made only for User's
personal use and that User maintains any notices contained in the Content, such
as all copyright notices, trademark legends, or other proprietary rights notices.
Except as provided in the preceding sentence or as permitted by the fair use
privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User
may not upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the owner
of the copyright or other propriety right. In addition to the foregoing, use of
any software Content shall be governed by the software license agreement
accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise
distribute on BEATCITY only Content that is not subject to any copyright
or other proprietary rights protection (collectively, "Public Content"), or
Content in which the author has given express authorization for distribution
on the World Wide Web. Any copyrighted or other proprietary Content distributed
with the consent of a copyright owner should contain a phrase such as "Copyright,
owned by [name of owner]; used by permission." The unauthorized submission or
distribution of copyrighted or other proprietary Content is illegal and could
subject the User to criminal prosecution as well as personal liability for
damages in a civil suit. User will be liable for any damage resulting from any
infringement of copyrights or proprietary rights, or from any other harm arising
from such submission. Neither BEATCITY, nor its affiliates, nor any of their
officers, directors, employees, agents, Providers, or the like, will be liable
for any damage resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such User submission. In compliance
with the Digital Millennium Copyright Act, Users and other persons can report an
infringement corrections@beatcity.com to BEATCITY. By submitting Content to
any User-submit areas, including, without limitation, any User reviews or
participation in any forums or chats, User automatically grants, or warrants that
the owner of such Content has expressly granted BEATCITY the royalty-free,
perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole or in part
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or hereafter developed for the full term of any copyright
that may exist in such Content. User also permits any other User to access, store,
or reproduce the Content for that User's personal use. Subject to this grant,
the owner of Content placed on BEATCITY retains any and all rights which may
exist in such Content.
c. THIRD-PARTY CONTENT
BEATCITY is a distributor and not a publisher of Content supplied by third
parties and Users. BEATCITY has no more editorial control over such Content
than does a public library or newsstand. Any opinions, advice, statements,
services, offers, or other information that constitutes part of Content expressed
or made available by third parties, including Providers or any other User of
BEATCITY, are those of the respective authors or distributors and not of
BEATCITY or its affiliates or any of their officers, directors, employees,
or agents. Neither BEATCITY nor its affiliates, nor any of their officers,
directors, employees, or agents, nor any third party, including any Provider, or
any other User of BEATCITY, guarantees the accuracy, completeness, or
usefulness of any Content, nor its merchantability or fitness for any particular
purpose. In many instances, the Content available through BEATCITY represents
the opinions and judgments of the respective Provider, or User not under contract
with BEATCITY. BEATCITY neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or statement made on BEATCITY
by anyone other than authorized BEATCITY employees. Under no circumstances
shall BEATCITY, or its affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage or harm caused by a User's
reliance on information obtained through BEATCITY. It is the responsibility
of User to evaluate the information, opinion, advice, or other Content available
through BEATCITY.
d. EXPORT
The U.S. export control laws regulate the export and reexport of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations -- including but not
limited to the Export Administration Act and the Arms Export Control Act and not
to transfer, by electronic transmission or otherwise, any Content derived from
BEATCITY to either a foreign national or a foreign destination in violation
of such laws.
IV. ONLINE CONDUCT
User agrees to use BEATCITY only for lawful purposes. User is prohibited from
posting on or transmitting through BEATCITY any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise violate
any applicable local, state, national, or international law.
If BEATCITY is notified of allegedly infringing, defamatory, damaging, illegal,
or offensive Content provided by User (e.g., through an author chat or online
review), BEATCITY may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of such Content from
BEATCITY. BEATCITY may disclose any Content or electronic communication
of any kind (i) to satisfy any law, regulation, or government request; (ii) if
such disclosure is necessary or appropriate to operate BEATCITY; or (iii) to
protect the rights or property of BEATCITY, its Users or Providers.
BEATCITY reserves the right to prohibit conduct, communication, or Content
that it deems in its sole discretion to be harmful to individual Users,
BEATCITY, the communities that make up BEATCITY, or any rights of
BEATCITY or any third party, or to violate any applicable law. Notwithstanding
the foregoing, neither BEATCITY nor its Providers can ensure prompt removal of
questionable Content after online posting. Accordingly, neither BEATCITY, nor
its affiliates, nor any of their officers, directors, employees, or agents, nor
Providers shall assume liability for any action or inaction with respect to
conduct, communication, or Content on BEATCITY.
V. PRIVACY POLICY
In accordance with the terms of BEATCITY's Privacy Policy,
http://www.beatcity.com/privacy.php,
BEATCITY respects the privacy of its Users.
VI. TERMINATION OF USAGE
BEATCITY may terminate User's access, or suspend any User's access to all or
part of BEATCITY, without notice, for any conduct that BEATCITY, in its
sole discretion, believes is in violation of any applicable law or is harmful to
the interests of another User, a third-party Provider, a service provider, or
BEATCITY.
VII. USAGE BY CHILDREN UNDER 13
BEATCITY cannot prohibit minors from visiting this site. BEATCITY must
rely on parents, guardians and those responsible for supervising children under 13
to decide which materials are appropriate for such children to view and/or
purchase.
BEATCITY requires that all purchases of BEATCITY products and/or services
be made by individuals 13 years of age or older. Purchase of products and/or
services advertised on BEATCITY by other advertisers and/or sponsors are
subject to each respective company.
EACH TIME YOU PURCHASE A PRODUCT AT BEATCITY.COM, YOU ARE REPRESENTING TO
BEATCITY.COM THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER AND FOR THE
COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR
PRIVACY POLICY.
VIII. APPLICABLE LAW
This site is created and controlled by BEATCITY in the State of California.
As such, the laws of the State of California will govern these disclaimers, terms
and conditions, without giving effect to any principles of conflicts of laws.
BEATCITY reserves the right to make changes to its site and these disclaimers,
terms and conditions at any time. User hereby irrevocably and unconditionally
consents to submit to the exclusive jurisdiction of the courts of the State of
California and of the United States of America located in the State of California
for any litigation arising out of or relating to use of or purchase made through
BEATCITY (and agrees not to commence any litigation relating thereto except
in such courts), waives any objection to the laying of venue of any such
litigation in the California Courts and agrees not to plead or claim in any
California Court that such litigation brought therein has been brought in an
inconvenient forum.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or unenforceable
in whole or in part in any jurisdiction, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability thereof in any
other jurisdiction or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein,
represents the entire understanding between you and BEATCITY regarding your
relationship with BEATCITY and supersedes any prior statements or
representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the
BEATCITY web site. The aforementioned Terms of Use are subject to change.
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