End User License Agreement
EFFECTIVE AS OF SEPTEMBER 17, 2022
INTRODUCTION
This End User License Agreement ("EULA or “Agreement") is a legally binding Agreement between you and Infinity Technologies and its affiliates (collectively, the “ITs”), which shall govern your access and use of Playbeat (the “Playbeat”).
You will be availed of the opportunity to use Playbeat through the following options:
(i) music and video streaming and conditional downloading service, including without limitation Ad-supported Free Streaming Service and Paid Subscription Service;
(ii) Buzz service; and
(iii) Such other services may be available on Playbeat from time to time.
(collectively referred to as the “Playbeat Service”).
Please note that you must read through carefully and agree to the terms and conditions provided in this Agreement before using the Playbeat Service. If you do not agree to the terms and conditions contained herein, please understand that you may not access or use the Playbeat Service.
By accessing or using the Playbeat Service, you confirm that you form a binding contract with ITs, that you accept and consent to this EULA, and that you agree to comply with the EULA. You also agree to ensure that anyone who uses the Playbeat Service on your device also strictly abides by and adheres to this EULA.
If you are in a jurisdiction where Playbeat Service is illegal, unauthorized, or penalized, please note that you are strictly prohibited from using the Playbeat Service. If you do not agree to this EULA or wish to comply with it, you must not access or use the Playbeat Service.
THIS EULA FULLY INCORPORATES BY REFERENCE:
A. THE PRIVACY POLICY; AND
B. ALL OTHER POLICIES AND GUIDELINES OF THE Playbeat SERVICE.
Your Account
You may either access the Playbeat Service as a visitor or by registering an account (“Account”). Please note, however, that where you access the Playbeat Service as a visitor, you will only be able to access the basic features of the Playbeat Service and will not be able to access certain advanced features including but not limited to downloads, commenting, and sharing. Where you desire to access both the basic and advanced features of the Playbeat Service, you must first register with Playbeat to open an Account. By creating an Account either directly or through a third party such as Facebook or Google, you represent and confirm that any registration information you submit to Playbeat is true, accurate, current, and complete and that if there be any subsequent changes thereof, you will update your registration information accordingly.
As part of the registration process, you will be asked to provide personally identifiable information such as your name, email address, age, postal mailing address, mobile telephone number, gender, and other demographic information (collectively, "Personal Data"), as well as asked to select a password and User Name.
If any Personal Data or registration information you have provided is determined by ITs, in its sole discretion, to be untrue, inaccurate, not current, incomplete, offensive, misleading, or designed to deceive, or if ITs, in its sole discretion, believes it has a basis to suspect that such is the case, ITs reserves the right to immediately suspend or terminate your Account, either with or without notice to you, and to refuse to grant any and all current or future access and use of the Playbeat Service (or any portion thereof) and/or any benefit to which you may be entitled through your access and use of the Playbeat Service.
ITs reserves the right to immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that ITs believes, in its sole discretion, is illegal or inappropriate including but not limited to sharing of offensive or illegal content, using the Playbeat Service in any manner which may be harmful to other users, third parties or to the Playbeat Service, being investigated by a lawful authority or any other circumstance ITs considers appropriate to terminate or suspend your Account.
Please note that the use of your Account for any illegal, fraudulent or abusive purposes may be referred to your local law enforcement authorities without notice to you.
By registering an Account and accessing the Playbeat Service, you are indicating that you have read and agree to this EULA and its all terms and conditions thereof, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used.
You also agree to receive marketing promotions and other solicitations from Playbeat, its advertising partners, and/or other third-party advertisers (collectively, "Sponsors") based on the information you provided, and expressly agree to be contacted by any such Sponsors.
You are not obligated to opt-in to receive any Sponsor offers when you participate in the Playbeat Service. However, if you choose to opt-in to receive any Sponsor's offer(s), you understand and agree that such Sponsor may contact you using the registration information you provide to ITs, including without limitation, by telephone or email, pursuant to the terms and conditions of this EULA.
Agreement Review and Notices
ITs may choose to review this Agreement at its sole discretion from time to time. Any changes will be communicated to you by us posting the new version of the Agreement within the Playbeat Service or as otherwise determined by ITs in its sole discretion. It is your responsibility to remain informed of any changes because you are legally obligated to abide by the latest version of the Agreement. Your acceptance of and/or continued use of Playbeat or the Playbeat Service after the date of the new Agreement will constitute your acceptance of such changes. You may also be asked to re-acknowledge or reaccept the new Agreement following any material changes.
User Eligibility
Playbeat and the Playbeat Service are only for people thirteen (13) years old and over.
By using the Services and/or opening an Account, you represent that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you are under the age of eighteen (18) or are considered a minor in your jurisdiction, or under guardianship, you confirm that you had the parental or legal guardian consent for accessing or using Playbeat and the Playbeat Service, and are fully able and competent to enter into, abide by, and comply with the Agreement. If a valid and legitimate user allows his/her minor to access his or her personal Account, the user will be fully responsible for any conduct of his/her minor.
Purchase of the Paid Subscription Service
The Paid Subscription Service offers you premium access to the Playbeat Service. There are monthly, weekly and daily payment plans available. If you agree to pay the fee for access to the applicable Subscription plan, such fee will be charged by the third-party payment provider designated by ITs in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the owner of such card. All prices stated within the Playbeat Service are inclusive of any applicable sales taxes and fees. ITs accepts a variety of different payment methods in different regions, so please check on Playbeat for the most convenient way for you to pay. ITs shall not be liable for any payments which are not fulfilled successfully. If you have any issues with your payments, please send us an email at info@playbeat.online
ITs may change the price for the Subscription Service from time to time at its sole discretion.
Purchase of Virtual and Physical Items
You may be availed of the opportunity, at your discretion, to make in-app purchases of virtual items including but not limited to widgets, premium features, and other benefits. You may also be availed of the opportunity to make purchases of physical items including but not limited to Playbeat merchandise. If such services are available in your jurisdiction, the specific terms and conditions of purchase per item will be stated within the Playbeat Service.
If you choose to purchase such virtual or physical items within the Playbeat Service, you will be charged accordingly. If you have any issues with redeeming any item you have purchased, please contact our Customer Service at info@playbeat.online and we will respond to your query and treat you as soon as reasonably possible.
ITs reserves the right to set or change the price for both the virtual and physical items from time to time at its sole discretion.
Automatic Subscription Renewal
For your convenience, your subscription to the Monthly option of the Paid Subscription Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of the subscription term. At the time of renewal, the payment method you have designated to be charged for the purchase of the Monthly Paid Subscription Service will automatically be charged our then current fee for the subscription. You may however choose to opt-out of the Automatic Subscription Renewal. If you are having difficulty opting out, please click on “Help” within the Playbeat Service and select “How to Subscribe”. Scroll down to the end of the page and you will find ‘How to Disable Auto-Renewal’ for the different applicable payment methods.
Please note that the Daily and Weekly Subscription options are both one-off subscriptions and will not automatically renew upon the expiration of the subscription term.
Cached Content
The “offline mode” of the Playbeat Service permits you to download temporary copies of certain content based on your mode of access to the Playbeat Service. These downloaded content will be located in the “Downloads” folder of your “Library” within the Playbeat Service.
Buzz
Buzz is a section of the Playbeat Service which is dedicated to the dissemination of current entertainment information and news. You acknowledge and accept that the opinions and positions stated or provided in the articles and posts provided in Buzz do not reflect the opinions and positions of ITs, its officers, and its affiliates.
Restrictions regarding your use of the Playbeat Service
You acknowledge that all content and works published and provided by ITs within the Playbeat Service (including, but not limited to, audio files and streams, audio-visual and video files and streams of text, images, illustrations, etc.) are owned or controlled by ITs, its subsidiaries and/or affiliated companies or third-party providers or licensors, and shall be referred to herein as "Materials".
The Materials contain and/or comprise copyrighted or another proprietary subject matter and your use of them is governed by this EULA, certain other policies and agreements, and applicable laws.
Further, the third-party providers and licensors of the Materials have reserved all rights, including without limitation all applicable rights relating to their Materials, as they may prescribe from time to time. Your use of the Materials is subject to the following prohibitions and restrictions:
(i) You may not copy, reproduce, upload, export, transfer, sell, forward, share with others or transmit the Materials in any way unless specifically authorized by ITs;
(ii) You may only utilize the Materials for specific personal and non-commercial entertainment purposes;
(iii) you are not granted any commercial exploitation right which includes but is not limited to sale, resale, reproduction, distribution, or promotional use rights for the Materials;
(iv) You are prohibited from making modifications, alterations, adjustments, changes, adaptation, improvement, refinement, revisions to the Materials, or creating derivative works based on the Materials, as well as using the Materials on any networked computer environment or another website;
(v) You are prohibited from making any use of the Materials that would infringe the copyrights therein;
(vi) You must comply with all applicable laws in your use of the Materials and agree to protect any third-party licensor's rights therein;
(vii) You are prohibited from making any unauthorized reproduction or distribution of Materials that violates applicable law;
(viii) You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions;
(ix) All rights not expressly granted to you in this EULA are reserved to ITs and/or its licensors; and
(x) ITs (for itself and for the Materials' owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.
Customer Support
If you have any questions concerning Playbeat, the Playbeat Service, or this Agreement, please contact our customer service by sending us an email at info@playbeat.online.
Term and Termination of Agreement
The term of this Agreement, in relation to you, will commence when you create a Playbeat Account or when you start using the Playbeat or the Playbeat Service and will remain effective until terminated by you or Playbeat. You may cancel your subscription to the Playbeat Paid Subscription Service at any time by visiting your subscription page which termination shall have effect at the expiry of the then-current subscription period that you have already paid for. ITs will not refund any remaining portion of subscription fees you have already paid for. ITs reserves the right to terminate this Agreement or suspend your Playbeat Account at any time in case of unauthorized, or suspected unauthorized use of Playbeat or the Playbeat Service whether in contravention of this Agreement or otherwise. If ITs terminates this Agreement or suspends your Playbeat Account for any of the reasons set out in this section, ITs shall have no liability or responsibility to you, and ITs will not refund any amounts that you have previously paid.
Exclusion of Warranties
YOU ACKNOWLEDGE AND AGREE THAT Playbeat, THE MATERIALS, AND THE Playbeat SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU ACCESS THEM AT YOUR OWN RISK.
IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
(i)YOUR USE OF Playbeat, Playbeat SERVICE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(ii)YOUR USE OF Playbeat, Playbeat SERVICE, OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(iii)ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF Playbeat, Playbeat SERVICE, OR THE MATERIALS WILL BE ACCURATE OR RELIABLE; AND
(iv)DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF Playbeat, Playbeat SERVICE, OR THE MATERIALS WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES, OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OR CONFORMANCE WITH DESCRIPTION) APPLY TO Playbeat, Playbeat SERVICE OR THE MATERIALS EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THIS AGREEMENT.
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, ITs DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT, AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF Playbeat, THE MATERIALS OR THE Playbeat SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITs, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE Playbeat OR THE Playbeat SERVICE (INCLUDING BUT NOT LIMITED TO THE MATERIALS), EVEN IF YOU HAVE ADVISED ITs ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Your only right with respect to any problems or dissatisfaction with Playbeat, the Playbeat Service, or the Materials is to uninstall Playbeat and to stop using the Playbeat Service. You acknowledge and agree that in no event will ITs’s total liability to you in connection with this Agreement exceed the total amount paid by you for the Playbeat Service (if any).
Third Party Content and Links to Third Party Sites
Within the Playbeat Service, you will find links that may let you leave the Playbeat. These links are provided as a courtesy only, and the sites they link to are not under the control of ITs in any manner whatsoever. Therefore, ITs is in no manner responsible for the content of any such linked site(s) or any link contained within a linked site, including any changes or updates to such site(s). You acknowledge that ITs are providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, partnership, endorsement, or sponsorship by ITs of the site(s) and/or any of the content therein.
You understand that all third-party content, including, without limitation all advertisers, marketers, and other third-party offers, data, links, articles, search results, graphic or video messages, and all information, text, software, music, sound, graphics, or other materials made available or accessible through Playbeat, Materials and Playbeat Service (collectively, "Third-party Content"), whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Third-party Content they have created.
ITs has and accepts no responsibility for and does not endorse nor control such Third-party Content. This means that you, and not ITs, are entirely responsible for all Third-party Content that you upload, download, post, email, transmit or otherwise make available via Playbeat or the Playbeat Service.
ITs do not guarantee the accuracy, integrity, or quality of such Third-party Content. You understand and agree that by accessing and using Playbeat, Materials, and Playbeat Service, you may be exposed to Third-party Content that may be offensive, indecent, infringing, hazardous, illegal, or objectionable in your community. You agree to assume and accept all risks associated with the use of any Third-party Content, including any reliance on the accuracy or completeness of such Third-party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Third-party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-party Content.
You acknowledge that you may not rely on any Third-party Content submitted to ITs including, through the Playbeat Service. Under no circumstances will ITs or its licensors be liable in any way for any Third-party Content, including, but not limited to, any errors or omissions in any Third-party Content or any loss or damage of any kind incurred as a result of the access and use of any Third-party Content posted or transmitted via the Playbeat Service. By accessing and using the Playbeat Service, you understand, acknowledge, and agree that you may be subject to various risks, including, without limitation, the exposure of data you have downloaded or have offered to share, and that you assume and accept all such risks as solely your risks and responsibility.
In addition, all Third-party Content made available or accessed through the use of the Playbeat Service is the property of the applicable Third-party Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.
Prohibited Activities
Notwithstanding anything to the contrary in this Agreement, you are strictly prohibited from:
(i) using Playbeat, Materials, or Playbeat Service for any commercial purpose or the benefit of any third party or any manner not permitted by the license grant;
(ii) using Playbeat, Materials, or Playbeat Service to, or in any way that would violate any applicable laws, regulations, or ordinances;
(iii) removing any proprietary notices from Playbeat, Materials, or Playbeat Service or any copies thereof;
(iv) causing, permitting, or authorizing the modification, and creation of derivative works;
(v) selling, assigning, renting, leasing, acting as a service bureau, or granting rights in Playbeat, Materials, or Playbeat Service, including, without limitation, through sublicense, to any other entity without the prior written consent of ITs;
(vi) translation, reverse engineering, decompiling or disassembling any software of Playbeat;
(vii) accessing, creating, or modifying source code related to Playbeat, Materials, or Playbeat Service in any way;
(viii) collecting any information or communication about the users of the Playbeat, Materials, or Playbeat Service by monitoring, interdicting, or intercepting any process of or communication initiated by Playbeat, Materials, or Playbeat Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
(ix) attempting to hack the Playbeat, Materials, or Playbeat Service or any communication initiated by the Playbeat, Materials, or Playbeat Service or to defeat or overcome any encryption and/or other technical protection methods implemented by ITs or its licensors with respect to the Playbeat, Materials or Playbeat Service and/or data and/or content transmitted, processed or stored by ITs or other users of the Playbeat, Materials or Playbeat Service;
(x) taking any steps to interfere with or in any manner compromise any of ITs's security measures; or
(xi) using Playbeat, Materials, or Playbeat Service to develop, generate, transmit or store information that:
(a)infringes any third party's intellectual property or other proprietary rights;
(b)is defamatory or harmful; or
(c)in any way obstructs or otherwise interferes with the normal performance of another person's use of the Playbeat Software or Services, using any unlicensed or unauthorized copies of the Materials and Software.
You acknowledge that ITs may be required to disclose information to third parties asserting rights under the Digital Millennium Copyright Act and similar laws, and you expressly authorize ITs to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you. Except where ITs specifically request or solicit comments or submissions, ITs do not accept, solicit nor consider any creative ideas, suggestions, comments, or materials (collectively, "Comments") from the public.
If a Comment is received from you by ITs, you understand, acknowledge, and agree that:
(i) it may be utilized by ITs free of any right, claim, title, or ownership interest in the Comment(s),
(ii) you waive your right to assert any ownership right, claim, title, and interest of any kind in the Comment(s) (including, but not limited to unfair competition, Intellectual Property, moral and/or similar rights or implied contract),
(iii) you hereby grant ITs a non-exclusive, perpetual, irrevocable, worldwide license to the Comment(s) in every media and for every purpose now known or hereinafter discovered, and
(iv) you waive the right to receive any financial or other consideration or remuneration in connection with such Comment(s), including, but not limited to, attribution or other credit.
(v) You completely release ITs (and its subsidiaries, providers, licensors, and affiliates and each of their officers, directors, agents, joint ventures, and employees) in all respects from any claims, demands, actions, losses, and other perceived, actual, incidental, indirect, exemplary, special or consequential damages of every kind and nature (collectively, "Claims"), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your unsolicited submissions, including, without limitation, all Claims for theft of ideas or Intellectual Property Rights infringement by ITs.
End User Representations and Warranties
You represent, covenant, and warrant that:
(i)You possess the legal right and ability to enter into this EULA and to comply with its terms;
(ii)you will use Playbeat, Materials, or Playbeat Service for lawful purposes only and in accordance with this EULA, other applicable policies and/or agreements, and all applicable laws, regulations, and policies, including without limitation the Privacy Policy;
(iii)you will not attempt to decompile, reverse engineer, or hack a website, or the Playbeat Service nor to defeat or overcome any encryption and/or digital rights management technology implemented by ITs with respect to the Playbeat, Materials, or Playbeat Service and/or data transmitted, processed or stored by ITs, the Playbeat or the Playbeat Service;
(iv)you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by ITs or ITs providers and licensors to protect the content and files distributed within the Playbeat Service, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files; and
(v)you will not take any steps to interfere with or in any manner compromise any of Playbeat's security measures.
We have zero tolerance toward any objectionable or unlawful content and abusive users. We reserve the right, at any time and without prior notice, to take down, remove or disable access to content at our discretion for any reason including without limitation, if the content violates the EULA or if we find the content is objectionable, unlawful or otherwise harmful to the Playbeat Services or our users, and block access to and/or terminate the Accounts of any user who posted objectionable or unlawful content.
If you wish to complain about objectionable or unlawful content posted by other users, please either report directly to the platform or contact us at info@playbeat.online. Upon receipt of your complaint, we’ll respond promptly and remove such objectionable or unlawful content and eject the user who posted such objectionable or unlawful content. We also have the right to remove any content you post on Playbeat if, in our opinion, your content is objectionable or unlawful content or does not comply with this EULA.
Notification of Copyright Infringement
ITs do not take copyright infringement claims lightly and will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Playbeat, Materials, or Playbeat Service, please notify ITs via.
A notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the Notice), and must include substantially all the following:
(i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(ii) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
(iii) a description of the exact name of the file on Playbeat and the location of the file (if available) that you claim is infringing; and
(iv) information sufficient to permit ITs to contact you, such as your physical address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
To reach Playbeat's copyright agent for a Notice of claims of copyright infringement, please Kindly Email: info@playbeat.online
The copyright agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through Playbeat, Materials or Playbeat Service.
Where a notice of copyright infringement has been made regarding any content within the Playbeat Service, the disputed content may be taken down pending the resolution of the claim/dispute.
For the avoidance of doubt, ITs shall not be liable for any infringing content hosted or featured on Playbeat, Materials or Playbeat Service and the infringing party shall bear full responsibility and liability for any claim of copyright infringement made.
Indemnity
You agree to indemnify, hold harmless and defend ITs, providers and licensors of ITs, their successors, their affiliates, and each of their subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives, or agents (collectively, "Indemnified Parties"), at your sole expense, against any and all claims, actions, proceedings, investigations, and lawsuits and all liabilities, damages, judgments, settlements, penalties, fines, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your
(i) violation or breach of any term of this EULA or any policy or guidelines referenced herein, including without limitation the Privacy Policy, or any applicable law;
(ii) use or misuse of Playbeat, Materials, or Playbeat Service; or
(iii) your infringement or the infringement by any other user through your Account of any Intellectual Property Rights or other moral, privacy, publicity, or similar rights of any person or entity.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of ITs or Playbeat used herein are trademarks or registered trademarks of ITs or providers and licensors of ITs. Any other trademarks, service marks, and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the bona fide originating mark owner.
Governing Law
This Agreement, its subject matter, and formation shall be governed by the laws of Malawi to the exclusion of any conflict of law rules. Any dispute, controversy, difference, or claim arising out of or relating to this Agreement, Playbeat, Materials, and/or Playbeat Services, including the existence, validity, interpretation, performance, breach or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to with this Agreement shall be referred to and finally resolved by arbitration administered by the Malawi Arbitration Centre under the Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be in Malawi. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in Chichewa.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any request for arbitration, claim or cause of action arising out of or related to the use of the Playbeat, Materials, or Playbeat Service or this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous
ITs reserves all rights not expressly granted herein. ITs may modify this EULA at any time for any reason, in its sole discretion, by posting the revised EULA on Playbeat. You may not assign any rights granted to you hereunder. Nothing in this EULA shall constitute a partnership or joint venture between you and ITs. Should any term or provision hereof be deemed invalid, void, or unenforceable either in its entirety or in a particular application, the remainder of this EULA shall nonetheless remain in full force and effect.
The failure of ITs at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. To the extent that anything in or associated with Playbeat, Materials, or Playbeat Service is in conflict or inconsistent with this EULA, this EULA shall take precedence.
If any terms contained herein conflict with the terms contained in any offer or elsewhere within the Playbeat Service, these terms and conditions shall take priority and precedence.
This EULA and all documents relating hereto have been drafted and will be interpreted in English. The rights and remedies granted to ITs under this EULA are cumulative and in addition to, not in lieu of, any other rights and remedies which ITs may possess at law or in equity.
The terms set forth in this EULA and any agreements included or referred to in this EULA constitute the final, complete, and exclusive agreement with respect to Playbeat, Materials, or Playbeat Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended third-party beneficiaries of this EULA and shall have the right to enforce it against you. Upon termination, cancellation, suspension, or expiration of this EULA for any reason, you agree to cease all access and use of the Site, Software, and Services.
If you have any questions or concerns about this EULA or any issues raised in this EULA or on this Site, please contact us: info@playbeat.online
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply:
By downloading Playbeat from Google Play, Apple App Store, or any other application store (each an “App Store”), you specifically acknowledge and agree that:
(i) To the extent of any conflict between (a) the Terms of Service, Terms of Use, or such other terms which the App Store designates as default end user license terms for such App Store (all of which together are referred to as the "App Store Terms"); and (b) the other terms and conditions in these Terms, the App Store Terms shall apply with respect to your use of Playbeat that you download from such App Store.
(ii) You hereby acknowledge that the owner of the relevant App Store does not have any responsibility or liability related to compliance or non-compliance by ITs or you (or any other user) under this EULA or the App Store Terms