The materials appearing on the Website may include technical, typographical, or photographic errors. BeatCanteen LLC does not warrant that any of the materials on the Website are accurate, complete, or current. BeatCanteen LLC may make changes to the materials contained on the Website at any time without notice. BeatCanteen LLC does not, however, make any commitment to update the materials.
BeatCanteen LLC has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link to any site does not imply endorsement by BeatCanteen LLC of such site. Use of any such linked site is at your own risk. Notwithstanding the generality of the foregoing, BeatCanteen LLC is not responsible for any changes to the SoundCloud® website or functionality.
Any and all audio, photos, pictures, graphics, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Website (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by BeatCanteen LLC. BeatCanteen LLC does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Without prejudice to any other Terms, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including, without limitation, by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Website, including termination of your account, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder. You agree to indemnify, defend and hold BeatCanteen LLC and its affiliates, and each of BeatCanteen LLC’s and its affiliates' respective past, present and future officers, directors, agents, subsidiaries, employees, contractors, suppliers and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website including, without limitation, in connection with any claims made by SoundCloud® regarding Your Content.
You hereby acknowledge and agree that BeatCanteen LLC stores Your Content and other information at the direction, request and with your authorization of, acts merely as a passive conduit and/or host for the uploading, storage and distribution of Your Content, and plays no active role and gives no assistance in the presentation or use of Your Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Website, and to the extent permissible by law, BeatCanteen LLC excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto including, without limitation, any comments its users may make to Your Content on the SoundCloud® website. You hereby acknowledge and agree that BeatCanteen LLC cannot and does not review the content created or uploaded by its users, and neither BeatCanteen LLC nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and/or shareholders have any obligation, and do not undertake or assume any duty, to monitor the Website or the SoundCloud® website for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms or applicable laws or regulations. BeatCanteen LLC and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Website by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Website. By using the Website, you irrevocably waive the right to assert any claim with respect to any of the foregoing against BeatCanteen LLC or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders. In no event shall BeatCanteen LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, any and all liability which may arise from any content uploaded to the Website by users) arising out of the use or inability to use the materials on the Website, or which may arise due to issues on the SoundCloud® website even if BeatCanteen LLC or a BeatCanteen LLC authorized representative has been notified orally or in writing of the possibility of such damage.
If you wish to upgrade from a free subscription to a monthly or annual “pro” subscription, you may do so at any time on the Website. Your “pro” subscription will start after your payment has been processed and if you are upgrading to an annual “pro” subscription from a monthly “pro” subscription, your annual “pro” subscription will be activated immediately, irrespective of any remaining time on your then-current monthly “pro” subscription. BeatCanteen LLC does not offer you any refund for your “pro” subscription, whether due to your cancellation of a “pro” subscription your upgrade to a “pro” subscription or termination of your account due to your violation of these Terms.
BeatCanteen LLC may revise these Terms at any time without notice. By using the Website you are agreeing to be bound by the then current version of these Terms.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between BeatCanteen LLC and you is intended or created by these Terms.
Except as expressly stated otherwise, all notices to BeatCanteen LLC shall be sent to the email addresses provided on the Website (email@example.com). Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the subscription registration process. Such notice shall be deemed given on the date the email is sent. Alternatively, we may give you notice by mail, postage prepaid and return receipt requested, to an address provided to BeatCanteen LLC during your subscription registration process, or to any later given address. In such case, notice shall be deemed given three (3) days after the date of mailing.
These Terms (and all policies and guidelines that are posted on the Website and incorporated by reference) constitutes the entire agreement between BeatCanteen LLC and you pertaining to the subject matter hereof and supersedes all prior agreements and understandings between BeatCanteen LLC and you with respect to the subject matter hereof, whether written or oral. If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected. Headings contained herein are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section or provision of these Terms. BeatCanteen LLC’s failure to act with respect to a breach by you shall not be deemed a waiver of BeatCanteen LLC’s right to act with respect to subsequent or similar breaches.
Any claim relating to the Website shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
SoundCloud® is a registered trademark of SoundCloud Limited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.
This Copyright Policy is intended to help copyright owners who wish to report alleged infringement of their works on the Website, and also to guide users of the Website in restoring access to works that are disabled or removed from the Website due to a mistake.
For Owners of Copyrighted Works. >
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright law, please contact BeatCanteen LLC to report alleged copyright infringements taking place on or through the Website. Your notification must include substantially the following (please consult your individual legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”) to confirm these requirements):
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Please also note that the information provided in your notification may be forwarded to the person who provided the allegedly infringing material.
For Users Who Wish To Restore Disabled or Removed Materials.
If you elect to send BeatCanteen LLC a counter notification, please contact BeatCanteen LLC and submit the following in writing:
Upon receipt of a counter notification, BeatCanteen LLC will forward it to the party who submitted the original copyright infringement claim. The complainant will then have ten (10) days to notify BeatCanteen LLC that he or she has filed legal action relating to the allegedly infringing material. If BeatCanteen LLC does not receive any such notification within ten (10) days, BeatCanteen LLC may restore the material to the Website.
BeatCanteen LLC’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: firstname.lastname@example.org