BEAT45 SERVICES TERMS OF USE

Thank you for your interest in and use of products, services, software, and the content contained or accessible therein (the “Services”). Beat45™ (“Beat45,” “we,” “us,” or “our”) provides these Services to you (“you” or “your”) subject to the terms contained in this Beat45 Services Terms of Use (“Agreement”). This Agreement is a legally binding agreement between you and Beat45. Please read the terms and conditions contained herein prior to using our Services. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement.

Ability to Use

To accept this Agreement and use the Services, you must be at least 18 years old, and have read, understand and consent to the terms and conditions of this Agreement.

Privacy Policy

Beat45’s Privacy Policy explains the data we collect, use, and store from you as you access our services.

License to Use

This Agreement grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access certain Beat45 services. You may only access these services through certified applications or intended methods that Beat45 or our licensed partners make available to you. Any other access is prohibited and may result in account termination or legal action.

Intellectual Property Rights

Beat45 has licenses to use the music and video provided in the online streaming service it provides. You may need to have your own license to play the music and videos accessed from this service. Beat45 does not own any intellectual property rights in these items. You will not acquire any rights to the music or videos provided through the Beat45 service. You agree to use the Beat45 streaming service for the sole purpose of playing music at your designated venue(s). You will not attempt to record, alter, transfer or use the content of Beat45’s streaming service beyond the playing of music and videos at your venues. Beat45 retains all copyright and trademark rights in its logo, content, and intellectual property. This Agreement does not constitute a transfer of those rights to the you or anyone.

Explicit Content

The services provided by Beat45 may content music or imagery that you may consider inappropriate for those under age 18. Parental discretion is advised for all users of the services under the age of 18.

Payments and Cancellations

You may purchase a paid subscription directly from Beat45 by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. Beat45 may change the price for paid subscriptions and other fees. Price changes will be communicated to you in advance. You will be notified how you may accept those changes.

Your payment to Beat45 will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. You will not be refunded for any partial subscription period remaining.

Changes to this Privacy Policy

From time to time, Beat45 may revise this Agreement to reflect changes in the law, Beat45 operation, or for other reasons. Please check the effective date of the Services Terms of Use to ensure you are familiar with the most updated policies and practices. If we make material changes to this Agreement, we will notify you of those changes by posting them here, and/or by sending you an email or other notification.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN ARE LICENSED AND PROVIDED "AS IS". BEAT45 MAKES NO WARRANTIES REGARDING THE SERVICES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. BEAT45 MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability.

IN NO EVENT SHALL BEAT45 BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING FROM INSTALLATION OR USE OF THE SERVICES, WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHER FORM OF ACTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OF ANY KIND ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS MATERIAL TO THIS AGREEMENT.

Indemnification

You agree to hold harmless and indemnify Beat45 from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of your alleged or actual breach of this Agreement, your use or misuse of the Services, and your alleged or actual infringement or violation of the rights of a third party.

Term of Agreement

This Agreement and the terms contained herein will remain in effect as long as you use the services. Beat45 may terminate this Agreement at any time and for any reason. If this occurs, you will be given direct notice through the contact information you have provided.

Assignment

Beat45 may assign this Agreement or delegate any rights or obligations hereunder to any third party. You may not assign this Agreement, or any part thereof, for any reason.

Choice of Law

The validity, interpretation, and effect of this Agreement shall be governed by the laws of the State of California. Any claims by Beat45, or claims by you against Beat45, must be asserted individually in binding arbitration within a competent jurisdiction in the State of California.

Severability

If one or more provisions of this Agreement are held to be unenforceable under applicable law, the balance of the Agreement shall be interpreted as if such provision were excluded, and the balance of the Agreement shall be enforceable with its terms.

Sole and Complete Agreement

This Agreement contains the entire understanding between the parties concerning the Services Terms of Use stated herein, and supersedes any prior agreements, oral or written. This Agreement may not be modified, except by written amendment duly executed by Beat45.