BeatMaps Terms of Service ("Agreement")

Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.beatmaps.co ("the App") operated by BeatMaps ("us", "we", or "our"). This Agreement sets forth the legally binding Terms of Service for your use of the App at www.beatmaps.co.

By accessing or using the App in any manner, including, but not limited to, visiting or browsing the App or contributing content or other materials to the App, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BeatMaps without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.

Intellectual Property
The App and its original content, graphic, images, videos, features and functionality are owned by BeatMaps and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Usage of the Service

BeatMaps has done all the research for you. We only post the best events based on lineups, venues and production companies. We skip all the junk and bring you the best. Use the Beatmaps android app to discover the most exciting and innovative electronic music events happening near you! This easy to use application features a scroll down menu of events, which you can organize by date or distance from your current gps location. Click on the event poster for a description of unique shows and weeklies, with links to the artist’s Soundcloud page and GPS directions to the venue. You can also use the search feature to see when your favorite electronic music artists have a show near you. With Beatmaps, you will never miss seeing your favorite artist or production crew again no matter where you are.


BeatMaps does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. BeatMaps does not permit copyright infringing activities and infringement of intellectual property rights via the App.

While using the App, you may encounter content that may be deemed offensive, indecent, sexual, drug related or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.

BeatMaps may automatically check your version of the Licensed Application with the sole intention of making the updated version available to you. BeatMaps has no obligation to make available any updates. However, BeatMaps may (a) require you to download and install updates; or (b) automatically download and install updates to your device.


Use of Mobile Devices

While using the site on mobile devices you may be prompted to use our services such as sending out an SMS invite or message to a friend that could potentially create charges from your service carrier that may cost you extra money, since mobile carrier rates may be applicable for you to use such features like SMS. Moreover in those cases, the Service will attempt to remind you before any messages are sent out of the possibility of extra charges. It is your responsibility and decision to use such services like SMS or email and any such charges you may incur we are not the responsibility of, and not reimbursable by, BeatMaps. 

Furthermore, any purchases made through an in-app purchase on any cellular devices are non-refundable and final.


Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by BeatMaps.
BeatMaps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the Terms of Service and privacy policy of any third-party site that you visit.


Conditions of Use

The Application is currently made available to you free of charge for your personal, non-commercial use. BeatMaps reserves the right to amend or withdraw the Application, or charge more for the application or service provided to you in accordance with these app terms of use, at any time and for any reason.

You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.


Governing Law
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United States and Oregon without giving effect to any principles of conflicts of law.

Termination
We may terminate your access to the App, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the App or discontinue any use of the App immediately.

If you have any questions about this Agreement, please contact us.

App:  www.beatmaps.co

Phone: 503-885-4645


Arbitration
For any disputes or discrepancies you may have with BeatMaps, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Vietnam International Arbitration Centre. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.

The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.


Copyright and trademark notices
All contents of the www.beatmaps.co App are Copyright © 2014 BeatMaps and/or its suppliers, affiliates and partners. All rights reserved.

Disclaimer: The images, products, services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied and shall remain under BeatMaps possession unless agreed upon by BeatMaps and user/client.

BEATMAPS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

BeatMaps takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.


Indemnification

Your use of our App constitutes your agreement to defend, indemnify, and hold harmless BeatMaps and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Site by a third party even if using your password.  This Indemnification section of the Terms of Service survives termination of your account with our Site or your ongoing use of our App/Service.


Trademarks
BeatMaps™ and www.beatmaps.co™ is registered trademark of BeatMaps. Limited. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.


No Waiver.
No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and BeatMaps’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision

Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

This Agreement was last modified on December 15, 2014.







BeatMaps Privacy Policy 

We, BeatMaps, know that protecting your private information is our priority. This Statement of Privacy applies to the www.beatmaps.co and BeatMaps and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to BeatMaps include www.beatmaps.co. By using the BeatMaps App, you consent to the data practices described in this statement. 

Collection of your Personal Information
BeatMaps may collect personally identifiable information such as your name. If you purchase BeatMaps’ products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. BeatMaps may also collect anonymous demographic information, which is not unique to you, such as your age, gender, household income, political affiliation, race and religion. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by BeatMaps. This information can include: your IP address, browser type, domain names, access times and referring App addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the BeatMaps App. 


Data in our Logs. When you use BeatMaps or go to a webpage or use an app that has BeatMaps features (like our “Share It” button), our system automatically records that information (“data in our logs”) including information that your internet browser sends whenever you search a App or your mobile application sends when you’re using it going to and from different applications. The data in our logs may also include your IP address, the address of the most recent web pages you’ve visited that had BeatMaps features, browser type and settings, the date and time of your request, how you used BeatMaps, and cookie data.

BeatMaps encourages you to review the privacy statements of the Apps you choose to link to from BeatMaps is not responsible for the privacy statements of other content on Apps outside of the BeatMaps App. 

Use of your Personal Information
BeatMaps collects and uses your personal information to operate its App(s) and deliver the services you have requested. 

BeatMaps may also use your personally identifiable information to inform you of other products or services from BeatMaps and its affiliates, BeatMaps may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. 

BeatMaps does not sell, rent, lease its customer lists to third parties. 

BeatMaps may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services BeatMaps, and they are required to maintain confidentiality of your information. 

BeatMaps may keep track of the Apps and pages our users visit within BeatMaps, in order to determine what BeatMaps services are the most popular. This data is used to deliver customized content and advertising within BeatMaps to customers whose behavior indicates that they are interested in particular subject area. 

BeatMaps will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conformed to the edicts of the law or comply with legal process served on BeatMaps or the App; (b) protect and defend the rights or property of BeatMaps; and (c) act under exigent circumstances to protect the personal safety of users of BeatMaps, or the public. 

Use of Cookies
The BeatMaps App may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or to deliver viruses to your computer. Cookies are uniquely assigned to you, and only be read by a web server in the domain that used the cookie to you. 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize BeatMaps pages, or register with BeatMaps site or services, or cookie helps BeatMaps to recall your specific information on subsequent visits, this simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same BeatMaps App, the information you previously provided can be retrieved, so you can easily use the BeatMaps features that you customized. 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the BeatMaps services or Apps you visit. 


Google Adsense

Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to. Users based on their visit to our Site and other sites on the Internet. DART uses “non-personal identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html


Children Under Thirteen
BeatMaps does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this App.

Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from BeatMaps by contacting us here: 

App:  www.beatmaps.co


Changes to this Statement
BeatMaps will occasionally update this Statement of Privacy to reflect company and customer feedback. BeatMaps encourages you to periodically review this Statement to be informed of how BeatMaps is protecting your information. 

Contact Information
BeatMaps welcomes your questions or comments regarding this Statement of Privacy. If you believe that BeatMaps has not adhered to this Statement, please contact BeatMaps at: 

App:  www.beatmaps.co

Phone: 503-885-4645


Effective as of December 15, 2014