David & Goliath Music WEBSITE AND ONLINE
SERVICES TERMS AND CONDITIONS
(Contains legal information, including the Terms and
Conditions and Code of Conduct applicable to this
website. PLEASE READ THIS CAREFULLY!)
This Internet website is the property of David & Goliath
Music BEATCLASS.COM Music Entertainment. References to
"David & Goliath Music BEATCLASS.COM", "David & Goliath
Music BEATCLASS.COM Online Services", or "this website"
shall also be deemed to be references to David & Goliath
Music BEATCLASS.COM Music Entertainment.
DAVID & GOLIATH MUSIC BEATCLASS.COM PROVIDES ACCESS TO
THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON
(THE "DAVID & GOLIATH MUSIC BEATCLASS.COM ONLINE
SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING
TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS
CONSTITUTE AN AGREEMENT BETWEEN YOU AND DAVID & GOLIATH
MUSIC BEATCLASS.COM ("AGREEMENT") THAT GOVERNS THE
RELATIONSHIP BETWEEN YOU AND DAVID & GOLIATH MUSIC
BEATCLASS.COM WITH RESPECT TO YOUR USE OF THIS WEBSITE
AND THE DAVID & GOLIATH MUSIC BEATCLASS.COM ONLINE
SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY
AND UNDERSTAND THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT INFORMATION: All material on
this website, including, but not limited to, text, data,
graphics, logos, button icons, images, audio clips,
video clips, links, digital downloads, data
compilations, and software is owned, controlled by, or
licensed to David & Goliath Music BEATCLASS.COM and is
protected by copyright, trademark, and other
intellectual property rights. Material on this website
is made available solely for your personal,
non-commercial use and may not be copied, reproduced,
republished, modified, uploaded, posted, transmitted, or
distributed in any way, including by e-mail or other
electronic means, without the express prior written
consent of David & Goliath Music BEATCLASS.COM in each
instance. You may download material intentionally made
available for downloading from this website for your
personal, non-commercial use only, provided that you
keep intact any and all copyright and other proprietary
notices that may appear on such materials.
CODE OF CONDUCT: The following rules, policies,
and disclaimers shall govern and/or apply to your use of
the David & Goliath Music BEATCLASS.COM Online Services
on this website (including, without limitation, any
bulletin boards, chat rooms, or other online services
provided on this website).
We do not review every message, nor do we confirm the
accuracy or validity of information posted. We do not
actively monitor the contents of the postings, nor are
we responsible for the content of any postings. We do
not vouch for, nor do we warrant the validity, accuracy,
completeness, or usefulness of any message or
information posted. The contents of the postings do not
represent the views of David & Goliath Music
BEATCLASS.COM, its labels, or any person or property
associated with David & Goliath Music BEATCLASS.COM, the
David & Goliath Music BEATCLASS.COM Online Services,
this website, or any other website in the David &
Goliath Music BEATCLASS.COM family of websites. If you
feel that any posting is objectionable, we encourage you
to contact us by email. We will make every effort to
remove objectionable content if we deem removal to be
warranted. Please understand that removal or editing of
any posting is a manual process and might not occur
immediately.
You agree, by using this website and/or the David &
Goliath Music BEATCLASS.COM Online Services, that: (1)
you will not use this website or any of the David &
Goliath Music BEATCLASS.COM Online Services to post any
material that is knowingly false and/or defamatory,
inaccurate, abusive, vulgar, obscene, profane, hateful,
harassing, sexually oriented, threatening, invasive of
one's privacy, or otherwise in violation of any law; (2)
you will not restrict or inhibit any other user from
using and enjoying this website or any of the David &
Goliath Music BEATCLASS.COM Online Services provided
hereon (for example, by means of hacking or defacement);
(3) you will not post any copyrighted material on this
website or any of the David & Goliath Music
BEATCLASS.COM Online Services provided hereon unless you
own the copyright in and to such material; (4) you will
not post or transmit any information or software that
contains a virus, worm, timebomb, cancelbot, trojan
horse or other harmful, disruptive, or deleterious
component; (5) you will not post or transmit materials
in violation of another party's copyright or other
intellectual property rights; (6) you will not utilize
any robot, spider, site search/retrieval application, or
any other manual or automated technique to scrape,
index, data mine, etc., or in any way reproduce or
circumvent the navigational structure or presentation of
this website, the David & Goliath Music BEATCLASS.COM
Online Services, or the contents of such website or
services; and (7) you will not impersonate any other
individual or entity in connection with your use of this
website or any of the David & Goliath Music
BEATCLASS.COM Online Services.
Although we cannot and do not review all posted
messages, we reserve the right to remove (or not) any
message for any (or no) reason whatsoever. You remain
solely responsible for the content of your messages, and
you agree to indemnify and hold harmless David & Goliath
Music BEATCLASS.COM and their agents with respect to any
claim based upon the transmission of your message (s)
and/or posting (s).
We reserve the right to reveal your identity (including
whatever information we know about you) in the event of
a complaint or legal action arising from any message
posted by you.
Posting of advertisements, chain letters, pyramid
schemes, solicitations, and the like, are inappropriate
and forbidden on the David & Goliath Music BEATCLASS.COM
websites and any related David & Goliath Music
BEATCLASS.COM Online Services (including bulletin boards
and chat rooms).
WARRANTY DISCLAIMER
DAVID & GOLIATH MUSIC BEATCLASS.COM HAS PROVIDED LINKS
AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD
PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO
TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE.
NEITHER DAVID & GOLIATH MUSIC BEATCLASS.COM, ITS PARENT
OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, OPERATE
OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR
SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN
THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON- INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THIS WEBSITE AND THE DAVID &
GOLIATH MUSIC BEATCLASS.COM ONLINE SERVICES.
DAVID & GOLIATH MUSIC BEATCLASS.COM, ITS AFFILIATES, AND
ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR
RELATING IN ANY WAY TO THIS WEBSITE, THE DAVID & GOLIATH
MUSIC BEATCLASS.COM ONLINE SERVICES, OR ANY THIRD PARTY
SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
WEBSITE, THE DAVID & GOLIATH MUSIC BEATCLASS.COM ONLINE
SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING
THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. DAVID &
GOLIATH MUSIC BEATCLASS.COM DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THIS WEBSITE, THE DAVID & GOLIATH
MUSIC BEATCLASS.COM ONLINE SERVICES AND/OR ANY THIRD
PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY
THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM
AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. DAVID & GOLIATH MUSIC BEATCLASS.COM
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON
THIS WEBSITE, THE DAVID & GOLIATH MUSIC BEATCLASS.COM
ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR
OTHERWISE. YOU (AND NOT DAVID & GOLIATH MUSIC
BEATCLASS.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH
MATERIALS.
FOR THE AVOIDANCE OF DOUBT, DAVID & GOLIATH MUSIC
BEATCLASS.COM MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED
ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE
NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR
OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THIS
WEBSITE.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all
products or services discussed or referenced on this
website are available to all persons or in all
geographic locations. David & Goliath Music
BEATCLASS.COM reserves the right to limit, in its sole
discretion, the provision and quantity of any product or
service to any person or geographic area it so desires.
Any offer for any product or service made in this
website is void where prohibited.
LICENSE TO DAVID & GOLIATH MUSIC BEATCLASS.COM
By posting messages, uploading files, inputting data, or
engaging in any other form of communication through this
website, you are granting David & Goliath Music
BEATCLASS.COM a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to: (1) use, copy,
sublicense, adapt, transmit, publicly perform, or
display any such communication; and (2) sublicense to
third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to the
communication.
The foregoing grants shall include the right to exploit
any proprietary rights in such communication, including
but not limited to rights under copyright, trademark,
service mark, or patent laws under any relevant
jurisdiction.
MAKING PURCHASES
If you wish to purchase products or services described
on this website, you may be asked to supply certain
information including credit card or other payment
information. You agree that all information that you
provide will be accurate, complete, and current. You
agree to pay all charges, including shipping and
handling charges, incurred by users of your credit card
or other payment mechanism at the prices in effect when
such charges are incurred. You will also be responsible
for paying any applicable taxes relating to your
purchases. (Click here to see the David & Goliath Music
BEATCLASS.COM privacy policy.)
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless David
& Goliath Music BEATCLASS.COM and its affiliated
companies, officers, directors, employees, agents,
licensors, and suppliers from and against all losses,
expenses, damages, and costs, including reasonable
attorneys' fees, resulting from any violation by you of
these Terms and Conditions. David & Goliath Music
BEATCLASS.COM reserves the right to assume the exclusive
defense and control of any matter subject to
indemnification by you.
LITIGATION ISSUES
This Agreement is entered into in the State of New York
and shall be governed by, and construed in accordance
with, the laws of the State of New York, exclusive of
its choice of law rules. Each party to this Agreement
submits to the exclusive jurisdiction of the state and
federal courts sitting in the Borough of Manhattan in
the City of New York
in the State of New York, and waives any jurisdictional,
venue, or inconvenient forum objections to such courts.
Each party to this Agreement further agrees as follows:
(i) any claim brought to enforce this Agreement must be
commenced within two (2) years of the cause of action
accruing; (ii) no recovery may be sought or received for
damages other than out-of-pocket expenses, except that
the prevailing party will be entitled to costs and
attorneys' fees; (iii) any claim must be brought
individually and not consolidated as part of a group or
class action complaint.
MISCELLANEOUS
In the event that any of the provisions of this
Agreement are held by a court or other tribunal of
competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise
remain in full force and effect.
This Agreement constitutes the entire agreement between
the parties hereto pertaining to the subject matter
hereof, and any and all written or oral agreements
heretofore existing between the parties hereto with
respect to the subject matter of this Agreement are
expressly canceled. David & Goliath Music BEATCLASS.COM
may modify the terms of this Agreement by posting notice
of such modification on the page of this website
entitled "Legal Notices" or "Legal Information" (or
similar title) before the modification takes effect.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM
COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a
mechanism for notifying service providers of claims of
unauthorized use of copyrighted materials. Under the
DMCA, a claim must be sent to the service provider's
Designated Agent. If you believe in good faith that
David & Goliath Music BEATCLASS.COM should be notified
of a possible online copyright infringement involving
any David & Goliath Music BEATCLASS.COM website, please
notify David & Goliath Music BEATCLASS.COM’ s designated
agent: Harvey Monroe, Esq., Law Department, David &
Goliath Music BEATCLASS.COM Music Entertainment, PO BOX
673663, Marietta GA 30006.
Please be aware that, in order to be effective, your
notice of claim must comply with the detailed
requirements set forth in the DMCA. You are encouraged
to review them (see 17 U.S.C. Sec. 512(c)(3)) before
sending your notice of claim.
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