PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to OneBeat.tv, a service of One Beat, LLC and its affiliates (“OneBeat,” “we” or “us”). By accessing and using OneBeat.tv, you agree to be bound by and comply with these Terms of Service (“Terms”).
We may revise and update these Terms from time to time. If you have signed up to receive our newsletter, we will attempt to inform you of any material changes by email. Otherwise, you may view the most recent Terms on this website.
Conditions of Use
You agree that you will use OneBeat.tv only in compliance with these Terms. You agree that you will not (i) gain or attempt to gain unauthorized access to any account, (ii) modify or attempt to modify OneBeat.tv in any manner or form, (iii) copy, distribute, or create derivative works based on OneBeat.tv, (iv) exploit OneBeat.tv in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey OneBeat.tv or any elements thereof.
When commenting on any content on OneBeat.tv, you agree that you shall not post any information or material that (i) is in our sole discretion abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit or (ii) violates the rights, including intellectual property rights and privacy rights, of any third party, or is otherwise posted in violation of any law or regulation.
OneBeat.tv may contain links to third party websites. You acknowledge that we are not responsible or liable for the availability or accuracy of such websites, or the content, products, or services on or available from such websites. Links to such websites do not imply our endorsement of such websites or the content, products, or services they may make available. You accept sole responsibility for and assume all risk arising from your use of any such websites.
We may provide you with the opportunity to enter contests at OneBeat.tv. The official rules governing each contest will be made available to you on the contest entry page; by participating in the contest, you agree to abide by those rules. In all cases, the maximum number of contest entries per person allowed during the contest period is as specified in the contest rules. Any attempt to submit more than the stated maximum number of entries will disqualify you from participation in the contest. We are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Contest prizes are non-transferable and cannot be exchanged for cash. We reserve the right to offer an alternative prize if any prize is not available.
In consideration for your participation in a contest, you hereby release OneBeat, LLC, and its officers, directors, and employees, from any and all claims and demands in connection with any damage, loss or injury which you may sustain by your participation.
OneBeat, LLC, the OneBeat.tv domain and website, and all elements thereof are owned by OneBeat or its licensors, and are protected by copyright, trademark, and other laws. OneBeat, LLC or its licensors own and retain all rights, including the worldwide copyright, in all elements of OneBeat.tv solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.
OneBeat.tv and the OneBeat logo are trademarks of OneBeat, LLC. Other trademarks are the property of their respective owners.
It is the policy of OneBeat, LLC to respond to notification of alleged copyright infringement properly provided to us by the copyright owner or the copyright owner’s legal agent. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on OneBeat.tv;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notices of claimed copyright infringement may be reached as follows:
Attn: Copyright Agent
261 Madison Avenue
New York, NY 10016
Telephone: (347) 946-2328
Fax: (646) 455-0234 Attn: Copyright Agent
Suspension or Termination
We reserve the right to suspend or terminate OneBeat.tv for any reason or for no reason whatsoever. We may, but are under no obligation to, provide you with a warning prior to suspension or termination of OneBeat.tv, and we will not be liable to you or any third party for such suspension or termination.
OneBeat provides OneBeat.tv on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. To the fullest extent possible under applicable laws, ONEBEAT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. OneBeat does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, OneBeat.tv or any information available thereon. Your use of OneBeat.tv is solely at your own risk.
Limitation of Liability
OneBeat is not responsible for any problems or technical malfunction of any website, network, computer systems, servers, providers, computer equipment, or software, or for any failure due to technical problems or traffic congestion on the internet or the services, or combination thereof, including any injury or damage to users or to any computer or other device on or through which OneBeat.tv is provided.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONEBEAT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE TO YOU FOR (i) LOST INCOME, LOST PROFITS, LOSS OF DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ONEBEAT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless OneBeat and its officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of your use of OneBeat.tv in violation of these Terms, any applicable law, or any rights of any third party.
This Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with OneBeat.tv will be brought solely in the County of New York, State of New York, and you consent to the jurisdiction of and venue in the state and federal courts thereof and waive any objection as to inconvenient forum.
Failure of OneBeat to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us, and governs your use of OneBeat.tv, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
These Terms are the entire and exclusive agreement between OneBeat, LLC and you regarding OneBeat.tv, and supersede and replace any prior agreements between OneBeat and you regarding OneBeat.tv. OneBeat, LLC’s affiliates shall be deemed third party beneficiaries of this agreement. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
If you have any questions regarding OneBeat.tv or these Terms, please contact us at:
Phone: (347) 946-2328
Mail: 261 Madison Avenue, 12th Floor, New York, NY 10016