TERMS OF SERVICE
Welcome to beatvyne! We’re happy to have you on board.
We hope you’ll be part of some exciting gigs, make valuable connections
and enjoy inspiring content.
Last updated: 14/11/2018
Applicable Laws – all relevant laws, statutes, rules, regulations, guidelines, directives and codes;
Available Space – a registered Member of beatvyne looking to rent their space out to a Curator Host whom is setting up an event.
Artist – an artist, performer or musician registered with beatvyne and offering Services for Gigs;
Artist and/or Service Provider Terms – any terms and conditions of an Artist and/or Service Provider relating to their provision of Services;
Artist and/or Service Provider Fee – the Artists’ and/or Service Provider’s fee for providing Services at a Gig as agreed between a Host and the Member which shall be inclusive of any applicable local taxes, licenses required and the currency applicable to the location of the Gig (including if applicable VAT);
beatvyne – means the Company, beatvyne Limited.
beatvyne Content – all Content that beatvyne makes available through the platform or Services, including any Content licensed from a third party, but excluding Member Content;
beatvyne’s Music x Tech Experience – a gathering of the world’s leading experts, from the established to the radical, highlighting new technologies in a changing global entertainment industry, with a focus on the fan experience organised by beatvyne Limited.
beatvyne Platform – means a digital application called beatvyne.
beatvyne Service – means both the beatvyne Platform and beatvyne websites (www.beatvyne.com etc.) and other additional locations as mentioned at beatvyne.com, as well as beatvyne Events, including, but not exclusively, under the brand name beatvyne’s Music x Tech Experience.
Booking Contract – the contract between Members pursuant to which Services are provided to host a Gig in respect for a Fee;
Curator – a registered Member of beatvyne looking to book an ‘Available Space’ in order to set up an event.
Customer – a Member who requests a booking of a Member’s Service via the platform or Services, or a Member who partakes in Member Services and is not the Customer for such Services;
Fan – a registered Member of beatvyne looking to use the platform to discover new music or access Gigs in hosts spaces.
Gig – an event or occasion hosted by a Host for which the Host requires the Services of other Members;
Host – a registered Member of beatvyne looking to book the Services of another Member for a Gig;
Listing – a Service or Services that are listed by a Member (including beatvyne) as available for hire or booking via the platform;
Member – a person who completes beatvyne’s account registration process, including, but not limited to, Artists and Customers, as described under “Account Registration” below;
Member Content – any and all content uploaded to beatvyne by users including but not limited to any text, information, reviews, images, software, code, audio recordings, videos, links to third party websites or content;
Quote – means a quote provided by a Member setting out the proposed or agreed terms (including the Fee) relating to the booking of Services for a Gig;
Refunds, Cancellations and Complaints terms – means the terms relating to the handling of refunds, cancellations and complaints between Members relating to Booking Contracts that all Members that are party to a Booking must comply with; and tickets to Gigs purchased by Fans;
Services – including, but not limited to; the musical or performance services of an Artist; a space provided by a Host which a Gig takes place in and related Amenities made available; a space booked by a Curator and/or a Gig set up by a Curator in a Host‘s space; the services of a Service Provider;
Service Provider – a registered Member of beatvyne offering Services including, but not limited to, photography, videography, equipment hire, etc.;
User – a person who accesses and/or uses the beatvyne Service whether a registered Member of the beatvyne Platform or not.
2 DESCRIPTION OF THE BEATVYNE SERVICE
2.1 beatvyne Limited (hereinafter referred to as “beatvyne”), a company incorporated under the laws of Ireland with company registration number 558318, whose registered office is at 27 Clontarf Bay, Dollymount Park, Dublin 3, owns and operates the website https://www.beatvyne.com, a live music marketplace (the “beatvyne Platform”) that connects Fans with Artists in unique music spaces, and related websites and mobile applications (the “Site”), including all information, documents, text, audio, visual, and graphics (excluding Third Party Content, which is defined below) on the Site (collectively, the “beatvyne Content”) as well as all software, products, and services offered and/or operated by beatvyne and/or third parties through the Site (collectively, the “Products and/or Services”). The beatvyne Platform provides the ability for Hosts to book Artists and Service Providers, to set up gigs between themselves and sell tickets to Fans, and is used as a registration and networking system for beatvyne’s Music x Tech Experience, available for your use subject to the terms and conditions set forth in this document.
2.2 beatvyne Limited organises events including, but not exclusively, under the brand name beatvyne’s Music x Tech Experience (also “MxT”, hereinafter referred to as the “Event”), a gathering of the world’s leading experts, from the established to the radical, highlighting new technologies in a changing global entertainment industry, with a focus on the fan experience, encouraging interdisciplinary and cross-cultural collaborations to jointly enhance the music/entertainment industry for the better.
3 USE OF SOFTWARE, PRODUCTS AND/OR SERVICES
This document and the other documents that we reference below make up beatvyne’s Terms of Service (the “Terms” for short).
Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
Any software, Products and/or Services, and accompanying documentation that is made available through this Site, whether made available by downloading or otherwise, is the copyrighted and/or patented work of beatvyne and/or its licensors and/or suppliers.
By accessing or using the Site, Application or Services in any way, and by purchasing a ticket or registering for an event or conference organised by beatvyne Limited or participating in any survey of beatvyne Limited’s you agree to comply with and be legally bound by the terms and conditions of these Terms of Service, whether or not you become a registered Member of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and beatvyne Limited.
In particular, Hosts should understand how the laws work in their respective cities. Some cities have laws that restrict their ability to host Gigs in private spaces for commercial gain. These laws are often part of a city’s zoning or administrative codes. In many cities, Hosts must register, get a permit, or obtain a license before listing a space as a venue. Local governments vary greatly in how they enforce these laws. Penalties may include fines or other enforcement. Hosts should review local laws before listing a space on the beatvyne Platform.
If you do not agree to these Terms, you have no right to continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties. Absent a license agreement that accompanies the software or Products and Services, use of the software or Products and Services will be governed by these Terms of Service.
beatvyne Limited reserves the right to change these terms and conditions at any time. Any amended terms and conditions will be posted to this website.
4 PURCHASE OF PRODUCTS AND/OR SERVICES
Certain Products and Services available on or through this Site are available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement with beatvyne (the “Subscribers”) or persons evaluating the Products and/or Services.
Here’s a guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
If you’re a registered Member of the beatvyne Platform, and list your Services for sale on beatvyne or purchase Tickets, our Bookings Policy applies to you.
If you’re an attendee of or delegate at a beatvyne Event, including, but not exclusively, under the brand name beatvyne’s Music x Tech Experience, the beatvyne Music x Tech Experience T&C’s apply to you.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you in addition to this document.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 For the purposes of these Terms of Service, by Intellectual Property Rights, we mean any patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
5.2 All Intellectual Property Rights in beatvyne and any content, materials or information made available by us on beatvyne, including the beatvyne Artist Logos are owned, and will remain owned by us or our licensors at all times.
5.3 You grant, and you represent and warrant that you have the right to grant to us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, worldwide, royalty-free licence to publicly perform, copy, reproduce, display, communicate to the public, modify, edit, manage, distribute and store any and all of your Member Content on beatvyne.
5.4 We grant to Artists a non-exclusive, revocable, royalty free licence to publicly perform, copy, reproduce, display, communicate to the public and distribute its unique beatvyne Artist Logo for promotional purposes in connection with its Services. We may revoke this licence at any time in our sole discretion.
5.5 Other than in respect of the beatvyne Artist Logo licence granted pursuant to paragraph 5.4, beatvyne and its licensors and suppliers do not grant any express or implied license to the Site, Site Materials, Products or Services and usage of any part of our content without obtaining a licence to do so from us or our licensors.
5.6 You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, the Site, the Site Materials, or its Products and Services, except if expressly authorized herein. If you print off, copy or download any part of our site in breach of these Terms of Service, your right to use beatvyne will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6 THIRD PARTY MATERIALS
6.1 In addition to the Products and/or Services offered by beatvyne, this Site also advertises, offers, or makes available information, Products and/or Services provided by third parties (collectively, the “Third Party Materials”). Third Party products and/or services are governed by separate agreements or licenses with the Third Parties.
beatvyne may contain links to other sites and resources provided by registered Members and not under our control. These links are provided for your information only and we make no warranties or representations whatsoever about any third party websites which you may access through beatvyne.
6.2 beatvyne offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by beatvyne. You agree that you will not hold beatvyne responsible or liable with respect to the Third Party Materials or seek to do so.
Third party websites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility or any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or that beatvyne is affiliated to or associated with such third party sites. If you decide to visit any other site, you do so at your own risk. In addition, use of any other site may be subject to your acceptance of additional terms and conditions which we suggest you read carefully before proceeding.
6.3 We assume no responsibility for the content of sites linked to beatvyne. We will not be liable for any loss or damage that may arise from your use of any such third party sites.
7 USE OF SITE MATERIALS
Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Site Materials available on this Site subject to the following conditions:
- The Site Materials may be used solely for personal, non-commercial, informational purposes;
- The Site Materials may not be modified or altered in any way;
- The Site Materials may not be distributed or sold, rented, leased, or licensed to others;
- You may not remove any copyright or other proprietary notices contained in the Site Materials;
- beatvyne reserves the right to revoke the authorization to view, download, copy, and/or print the Site Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from beatvyne
- Any rights granted to you by beatvyne constitute a license and not a transfer of title.
Important Exceptions: Various sections of the Site (such as, by way of example only, demonstrations which show the use of Company Products and/or Services in the multimedia industry, or showcase the work of creative professionals) belong to their creators (the “Third Party Content”), may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only.
Accordingly, you may not download, use, copy or print Third Party Content unless there is a notice associated with the Third Party Content expressly permitting downloading, use, copy and/or printing. Downloading, using, copying or printing Third Party Content without permission is a violation of these Terms of Service.
The rights specified above i.e., the right to view, download, and print the Site Materials are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied, reproduced or imitated in whole or in part.
8 HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application and Services can be used to facilitate the listing of Spaces, Booking of Artists and Service Providers, setting up of Gigs, selling tickets, networking and registration in relation to any beatvyne Event including, but not exclusively, under the brand name beatvyne’s Music x Tech Experience.
Such Spaces are included in Listings on the Site, Application and Services by Hosts. You may view Listings only as registered Member of the Site, Application and Services; however, if you wish to list your space, or Services as an Artist or Service Provider, or book tickets to a Gig, you must first create a beatvyne Account (defined below).
As stated above, beatvyne makes available an online platform with related technology for professionals of the, including but not limited to, music and events industries to connect online and arrange for the setting up of gigs directly with each other. beatvyne is not a booking agent or promoter. Unless explicitly specified otherwise in the beatvyne platform, beatvyne’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
beatvyne cannot and does not control the content contained in any listings and the condition, legality or suitability of any Spaces or abilities of Artists and/or Service Providers. beatvyne is not responsible for and disclaims any and all liability related to any and all Listings and performances. Accordingly, any bookings will be made or accepted at the Member’s own risk.
9 YOUR PRIVACY
10 ACCOUNT REGISTRATION
In order to use the beatvyne Service, to access certain features of the Site and Application, and to create a listing, you must register to create an account (“beatvyne Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
10.1 The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
10.2 You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your beatvyne Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to beatvyne through the Site, Services or Application; or (ii) allowing beatvyne to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to beatvyne and/or grant beatvyne access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating beatvyne to pay any fees or making beatvyne subject to any usage limitations imposed by such third-party service providers. By granting beatvyne access to any Third-Party Accounts, you understand that beatvyne will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your beatvyne Account and beatvyne Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your beatvyne Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or beatvyne’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your beatvyne Account and your Third-Party Accounts at any time, by accessing the “Settings” section of the Site and Application. Please note that your relationship with the Third-Party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such Third-Party service providers. beatvyne makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and beatvyne is not responsible for any SNS Content.
10.3 Your beatvyne Account and your beatvyne Account profile page will be created for your use of the beatvyne Service, the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active beatvyne Account of any one role, e.g. you can only have (1) fan account, (1) artist account, (1) host account and (1) service provider account at the same time. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. beatvyne reserves the right to suspend or terminate your beatvyne Account and your access to the Site, Application and Services if you create more than one (1) beatvyne Account of any one role, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
10.4 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized by a specific feature on beatvyne, you are not permitted to share your beatvyne Account with anyone or allow others to access or use your beatvyne Account.
11 SUBMISSION OF INFORMATION
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. By using the Site, you agree to the beatvyne’s User Conduct (paragraph 14).
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Services to be listed, including, but not limited to, your location, services provided, musical genre, availability, pricing and related rules and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to discover and book your Services via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your Services, the price for such booking may not be altered, unless the Customer requires of you something more or less than what is represented in your Listing. In this case, you will have the opportunity, via the Site, to make the Customer a new offer, which the Customer can accept or decline. If the Customer accepts your new offer, you may not alter the price of that new offer.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Customer engagement, with Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Services included in a Listing you post and (b) not conflict with the rights of third parties. beatvyne assumes no responsibility for an Artist’s, Service Provider’s, or Host’s compliance with any applicable laws, rules and regulations. beatvyne reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that beatvyne, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
If you choose to create a listing on beatvyne, you understand and agree that your relationship with beatvyne is limited to being a Member and an independent third-party contractor, and not an employee, agent, joint venturer or partner of beatvyne for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of beatvyne. beatvyne does not control, and has no right to control, your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of beatvyne, including by inappropriately using any beatvyne Intellectual Property.
beatvyne has no control over the conduct of Hosts, Artists or Fans and other Members of the site, application and services or any spaces or Gigs, and disclaims all liability in this regard to the maximum extent permitted by law.
12.1 Artist and Service Provider Listings
You understand and agree that beatvyne does not act as an insurer or as a contracting agent for you as an Artist or Service Provider. If a Customer requests a booking of your Services and retains your Services, any agreement you enter into with such Customer is between you and the Customer; and beatvyne is not a party thereto. Notwithstanding the foregoing, beatvyne serves as the limited authorized agent of the Artist or Service Provider for the purpose of accepting payments from Customers on behalf of the Artist or Service Provider and is responsible for transmitting such payments to the Artist or Service Provider.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Services, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Services. Any Member wishing to book Services included in Listings with such requirements must meet these requirements.
You acknowledge and agree that, as an Artist or Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who retain your Services or are otherwise present at the place of Service at your request or invitation, excluding the Customer (and the individuals the Customer invites to the place of Services, if applicable.)
beatvyne recommends that Artists or Service Providers obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Services, if applicable) while providing your Services.
12.2 Host Listings
As a Host, you understand and agree that beatvyne does not act as an insurer or as your contracting agent. If a Member requests a Booking of your Space, any agreement you enter into with such Member is between you and the according Member, and beatvyne is not a party to it.
beatvyne recommends that Hosts (commercial and/or private, Available Spaces) obtain appropriate insurance for their Premises. Please review any insurance policy that you may have for your Premises carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to, including, but not limited to, a live music gig.
12.3 Accuracy of Listing
beatvyne may offer Members the option of having photographers take photographs of their Spaces and/or services. If you as a Member choose to have a photographer do this, beatvyne shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “beatvyne Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Member for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute beatvyne Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from beatvyne. If your beatvyne Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that beatvyne retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
13 AVAILABILITY OF BEATVYNE, WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and beatvyne, this Site, and all Site Materials, Products, and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, performance, or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, beatvyne makes no warranty that (i) the Site Materials, Products, and Services will meet your requirements; (ii) the Site Materials, Products, and services will be uninterrupted, timely, secure, always available, or error-free; (iii) the results that may be obtained from the use of the Site Materials, Products, and Services will be effective, accurate, or reliable; (iv) the quality of any Site Materials, Products, and Services purchased or accessible by you through the Site will meet your expectations; and (v) any errors in the Products and Services obtained from or used through the Site, or any defects in the Site, the Site Materials, Products, and Services, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. beatvyne may make changes to the Site Materials, Products, and/or Services at this Site, including the prices and descriptions of any Products and Services listed herein, at any time without notice. The Site Materials, Products, and/or Services at this Site may be out of date, and beatvyne makes no commitment to update such Site Materials, Products, and/or Services. You understand and acknowledge that (i) beatvyne does not control, endorse, or accept responsibility for any Content, Products, or Services offered and/or performed by Third Parties and Members through the Site, including, without limitation, those provided by Third Party vendors or those accessible through links on the Site; (ii) beatvyne makes no representations or warranties whatsoever about any such Third Parties, their Third Party Content, Products, or Services; (iii) any dealings you may have with such Third Parties are at your own risk; and (iv) beatvyne shall not be liable or responsible for any Content, Products, or Services offered and/or performed by Third Parties.
The use, installation, and/or downloading of any Site Materials, Products, and Services through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer or communications systems or services, loss of data, or other harm that results from such activities. beatvyne assumes no liability for any computer virus or other similar software code that is installed, transmitted, or downloaded to your computer or communications systems or services from the Site or in connection with any Site Materials, Products, and Services appearing on and/or offered through the Site. No advice or information, whether oral or written, obtained by you from beatvyne or through or from the Site shall create any warranty not expressly stated in the Terms of Service.
Access to beatvyne is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of beatvyne without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for your access to beatvyne including: ensuring that all persons who access beatvyne through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them; and that your internet enabled device and telecommunications systems carry the appropriate anti-virus software necessary to minimise the risk of any harmful viruses infecting your internet enabled device.
14 USER CONDUCT
At all times when using or accessing beatvyne you represent, warrant and undertake that you will:
- not breach any Applicable Laws;
- have all necessary rights and/or permissions to post the Member Content you upload to beatvyne;
- not post or upload any Member Content that infringes the rights (including any Intellectual Property Rights (as defined in paragraph 5 above)) of any third party or which are protected by any third party’s rights of privacy or publicity without having received all necessary consents from such third party;
- not to disrupt or interfere with any other user’s use or enjoyment of the Site or affiliated or linked sites;
- not publish, post, upload, store, distribute or disseminate any unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence;
- not post any false or misleading information or material, including but not limited to, a false identity;
- not to use or attempt to use another’s account, password, services, or systems;
- not to use any high volume or automated mechanisms (including, without limitation, robots, spiders, offline readers, harvesting bots or other mechanism) to retrieve, download, store, mine or reproduce the Site or its contents;
- not post html code except where instructed in any area of your profile on beatvyne;
- not reverse engineer, decompile, disassemble or otherwise attempt to obtain beatvyne’s source code;
- not misuse beatvyne by knowingly introducing viruses, Trojans, worms, logic bombs or other malicious or harmful material;
- attempt to gain unauthorised access to the beatvyne server on which beatvyne is stored or any server, computer or database connected to our site;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites;
- not attack beatvyne via a denial of service attach or a distributed denial- of-service attach.
15 MANAGING CONTENT AND COMMUNICATIONS
15.1 Failure to comply with beatvyne’s conduct requirements set out in paragraph 14 above, may result in deletion or removal of your Member Content or termination of your account and right to use beatvyne
We reserve the right in our sole discretion to determine whether you have failed to comply with the terms of paragraph 14 and / or to terminate your account and right to use beatvyne (whether or not as a result of a breach of the conduct requirements set out in paragraph 14.
beatvyne reserves the right, in its sole discretion, to delete or remove your content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Service) without prior notice or liability.
In addition, beatvyne reserves the right to delete or remove your content if the applicable subscription or license has expired or lapsed or if beatvyne has a good faith belief that you have violated these Terms of Service or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of beatvyne or others.
All material you submit to the Site, including emails, becomes the sole and exclusive property of beatvyne, and beatvyne may reproduce, distribute, display, exhibit, and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. beatvyne does not consider any material you make available to the public via the Site to be confidential or proprietary.
15.2 Reporting User Content
- beatvyne may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit content, and (ii) the substance of any content. To the maximum extent permitted by law, beatvyne will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
- beatvyne also disclaims all liability with respect to the misuse, loss, modification, destruction, or unavailability of any of your content.
- If you believe that any Member Content available on beatvyne:
15.2.1 infringes your Intellectual Property Rights or other proprietary rights
15.2.2 is defamatory to you; and/or
15.2.3 is otherwise in breach of these Terms of Service,
please notify us by writing to us at [email protected]
16 LINKING TO BEATVYNE
16.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any site that is not owned by you.
16.2 Our Site must not be framed on any other site.
16.3 We reserve the right to withdraw linking permission without notice.
17 LIMITATION OF LIABILITY
Nothing in these Terms of Service excludes or limits our liability for anything that cannot be excluded or limited by Irish law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to beatvyne or any content on it, whether express or implied.
In no event including, without limitation, negligence, shall beatvyne, its Affiliates, Agents, Officers, Directors, Shareholders, Attorneys, Employees, Partners, Licensors, or Suppliers be liable to you or any Third Party for any injuries as a result of your use of this Site, including without limitation, special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not beatvyne has been advised of the possibility of such damages or such damages are foreseeable, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, the Site Materials, Products, and Services, the statements or actions of any Third Party on or through the Site, any dealings with vendors, Members or other Third Parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any services available through the Site that are delayed or interrupted, or any web site referenced or linked to from this Site. You agree that beatvyne’s liability arising out of any kind of legal claim in any way connected to this Site shall not exceed the amount you paid to beatvyne for the use of the Site.
Subject to paragraph 15.2.1 you agree that we will not be liable for any loss or damage, (whether direct or indirect or arising under contract, tort (including negligence), breach of statutory duty, or otherwise) even if foreseeable, arising under or in connection with any:
use of, or inability to use beatvyne;
use of or reliance on any content displayed on beatvyne (including any Member Content); or any Booking Contracts or Gigs.
Without limiting the effect of paragraph 15.2.3, due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect, your internet enabled device or any other property when you are using beatvyne. The uploading, posting, downloading or accessing of any content (including Member Content), material and/or other information made available by beatvyne is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your device or loss of data that results from the downloading or acquisition of any such content, material and/or information.
18 INTERNATIONAL MEMBERS AND USERS
This Site can be accessed from countries around the world and may contain references to beatvyne Products and Services that are not available in your country. These references do not imply that beatvyne intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by beatvyne from its offices within the Republic of Ireland. Access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside Ireland, you are responsible for compliance with all applicable laws.
19 INDEMNITY AND LIABILITY
You agree to indemnify and hold beatvyne, and its subsidiaries, affiliates, officers, directors, shareholders, attorneys, agents, employees, licensors, suppliers, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees and damages of any kind, made by any Third Party due to or arising out of content you submit to beatvyne and/or transmit through the Site (including, without limitation, any content or computer viruses), your use of the Site, Site Materials, and/or any Products and Services, your connection to the Site, your violation of these Terms of Service, the actions of any of your employees or agents in conjunction with the Site, or your violation of any rights of another person or entity or any and all laws and regulations applicable to these Terms of Service, and/or your use of beatvyne’s Products and/or Services.
You agree to indemnify us against any claims or legal proceedings that may arise in conjunction with any Event, Booking Contract or from any breach of these Terms of Service by you.
20.1 Any failure or delay by us to enforce any of our rights under these Terms of Service will not be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
20.2 These Terms of Service are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms of Service.
20.3 If a court deems any part of the terms set out in these Terms of Service to be invalid, illegal or unenforceable, the remainder of the terms will remain unaffected.
20.5 We may assign our rights under this agreement and transfer our obligations under this agreement in our sole discretion by providing notice to you via the email address that you provide to us or by notifying you on our site.
21 APPLICABLE LAWS AND JURISDICTION
These Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims arising out of or in connection with these Terms of Service), are governed and construed in accordance with Irish law. You and beatvyne both agree to that the courts of Ireland will have exclusive jurisdiction.
beatvyne reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your beatvyne Account you will be deemed to have accepted the changes.