Terms and Conditions of Use for TaurusBeats.com
These General Terms and Conditions (Terms and Conditions) are between you and TaurusBeats.com.
As used herein, the term 'TaurusBeats.com', 'Website', 'Company' refers to Taurus James Enterprises, LLC, the sole owner and operator of the Website; the term 'you' or 'your' refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
Use of TaurusBeats.com signifies your agreement to the terms and conditions of use set forth below in the Agreement:
- You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.
- Company may monitor your use of this Company Web Site, and may freely use and disclose any information and materials received from you or collected through your use of TaurusBeats.com for any lawful reason or purpose. Company shall not however sell or otherwise disclose any personal information or materials received from you for any monetary gain.
- Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on TaurusBeats.com. You are deemed to have read, understood, and agreed to any changes in the Agreement if you continue to use TaurusBeats.com after such changes.
- TaurusBeats.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on TaurusBeats.com are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on TaurusBeats.com.
- Company may change, suspend or discontinue any aspect of TaurusBeats.com at any time, including the availability of any Company Web Site feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of TaurusBeats.com without notice or liability.
- You represent, warrant and covenant that:
- you shall not upload, post or transmit to or distribute or otherwise publish through TaurusBeats.com any materials which
- restrict or inhibit any other user from using and enjoying TaurusBeats.com;
- are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
- violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus or other harmful component;
- contain any information, software or other material of a commercial nature;
- contain advertising of any kind, or
- constitute or contain false or misleading indications of origin or statements of fact; and
- that you are at least eighteen (18) years old.
- You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the 'Indemnified Parties') harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
- You acknowledge and agree to indemnify and defend and hold harmless the Indemnified Parties for any direct or indirect losses, injuries, special or incidental or consequential damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any third party web site, or arising from or in connection with the use of the program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of services, content or program materials, including without limitation, any losses due to server problems, computer or other equipment failure, or due to incorrect placement of HTML, regardless of whether such loss arises upon a breach of contract, negligence or any other claim or cause of action. In the event of any network downtime, computer or technical error Company shall not be held liable for any lost of data, income or any other item of value, whether tangible or otherwise, on the website
- TaurusBeats.com contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of TaurusBeats.com. Links to and from Company Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
- Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through TaurusBeats.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of TaurusBeats.com.
- Company does not and cannot review all materials posted to TaurusBeats.com by users, and Company is not responsible for any such materials posted by users, especially with respect to message boards currently operative or which Company may at a later date make or cause to become operable. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.
- TAURUSBEATS.COM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH TAURUSBEATS.COM, IS PROVIDED 'AS IS'. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON TAURUSBEATS.COM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH TAURUSBEATS.COM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH TAURUSBEATS.COM OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TAURUSBEATS.COM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TAURUSBEATS.COM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF TAURUSBEATS.COM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
- By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively 'Communications') to TaurusBeats.com, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. This waiver does not and shall not be construed to include beats posted for sale on Company Web Site. Company hereby acknowledges that all beats placed for sale on Company Web Site shall remain the property of the seller, until title passes to a buyer through the sale process. If such beat is not sold, its seller shall retain all rights, duties and liabilities associated with ownership of the beat.
- You acknowledge that transmission to and from this Company Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied, or any other relationship is created between you and Company other than pursuant to this Agreement.
- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF VIRGINIA.
- This Agreement constitutes the entire agreement between Company and you with respect to your use of TaurusBeats.com. Any cause of action you may have with respect to your use of TaurusBeats.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Internet site.
- These General Terms and Conditions will complement any other Terms and Conditions posted of TaurusBeats.com