Beats98 Terms of Service




Introduction


Thank you for using Beats98. Your use of Beats98 and the digital content available on it is subject to these Beats98 Terms of Service / Terms & Conditions.

Your use of the Beats98 store requires that you agree to the following terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use the Beats98 store. Some products and features may be not available in all countries. Please see the Beats98 FAQs for more information.

Age Restrictions


In order to use Beats98 you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian's permission to use Beats98 and to accept the Terms. In order to serve as the family manager of a family group on Beats98, you must be at least 18 years old. You must not access Beats98 if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Content under the laws of the country in which you are resident or from which you access or use Beats98. You must comply with any additional age restrictions that might apply for the use of specific Content on Beats98.

Basic Use Requirements


To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Content, which may change from time to time, working Internet access and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.

Third-Party Fees


You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of Content and Beats98. You are responsible for all such fees.

Information about You


In order to access certain services or Content on Beats98, you may be required to provide information about yourself such as your name, address, and billing details. Information you provide to Beats98 must always be accurate, correct and up to date. Beats98 may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions and/or provisioning Content to you. Beats98 has agreed with Providers that they will use this information in accordance with their privacy policies.

Unauthorised Access to Accounts


You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Beats98 including account names.

Disabled Accounts


If Beats98 disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Beats98, your account details or any files or other Content that is stored with your account.

Purchases and Payments


Free Content. Beats98 may allow you to download or use Content free of charge. Any terms and conditions that apply to purchased Content will apply to free Content, except with respect to payment-related matters (for example, the refund-related provisions of these terms do not apply to such free Content). Beats98 may impose limitations on your access and use of certain free Content.

Purchase of Content


Your contract for the purchase and use of Content is completed once you receive the email from Beats98 confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete.

Beats98 Payments


In order to purchase Content on Beats98, you must agree to the payment terms as specified in the Beats98 Payments Terms of Service.

Other Payment Processing Methods


Beats98 may make available to you various payment processing methods in addition to your Beats98 Payments account to facilitate the purchase of Content on Beats98. You must abide by any relevant terms and conditions or other legal agreement, whether with Beats98 or a third party, that governs your use of a given payment processing method. Beats98 may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Beats98 or Beats98's payment processor may charge your credit card or other form of payment that you indicate for any Content ordered, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make on Beats98.

Pricing


Pricing and availability of all Content displayed on Beats98.com are subject to change at any time before you click the button indicating that you want to purchase Content.

Taxes


You are responsible for any Taxes, and must pay for Content without any reduction for Taxes. If the seller of Content is obligated to collect or pay Taxes, the Taxes will be charged to you. "Taxes" means any duties, customs fees, or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest.

Compliance with Tax Laws


You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Beats98 or the purchase of Content through Beats98. The reporting and payment of any such applicable taxes are your responsibility.

All Sales Final


Except as expressly set out in the Terms or Beats98's refund policies displayed in the Service, all sales are final, and no other returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction.

Pre-orders


(a) When you place a pre-order for a Product, your contract for the purchase and use of that item is completed when the Product becomes available and you complete the purchase. You can cancel your pre-order at any time up to the point at which the Product becomes available to you.

(b) After the moment when the Product becomes available to you, the return rights are the same as for other Products that you purchase through Beats98.

(c) We will need to cancel your pre-order if the Product is withdrawn from sale in the store before it is made available and we reserve the right to cancel your order in the event the price changes before your order is fulfilled.

Violation of Licence Terms



If you violate any of the terms and conditions of the Terms Beats98 may terminate your access to Beats98, the Content and/or your Beats98 account without refund to you.

No Public Performance


You must not display (in part or in whole) the Content as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement or violate any other applicable right). Use of a tool or feature provided as an authorised part of Beats98 (for example, "Social Recommendations", as defined in the Music terms below) is permitted, provided that you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by Beats98.

Sale, Distribution or Assignment to Third Parties


You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign any Content or your rights to Content to any third party without authorisation, including with regard to any downloads of Content that you may obtain through Beats98. Use of any tool or feature provided as an authorised part of Beats98 (for example, "Social Recommendations") shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by Beats98.

Capturing of Streams


You may not use Beats98 or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format.

Sharing


You may not use Content as part of any service for sharing, lending or multi-person use or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by Beats98 (for example, through "Social Recommendations").

Security Features


You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect, obfuscate or otherwise restrict access to any Content or Beats98. If you violate any security feature, you may incur civil or criminal liability.

Proprietary Notices


You may not remove any watermarks, labels or other legal or proprietary notices included in any Content, and you may not attempt to modify any Content obtained through Beats98, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.

Defective Content


Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it downloads or streams correctly (as applicable) and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. If Beats98 issues a refund or credit, it is under no obligation to issue the same or similar refund in the future. In the case of subscription purchases, Beats98 may grant a refund for the entire term or a partial refund for issues not received in the remaining term of subscription.

Removal or Unavailability of Content


Subject to the Terms, Content that you purchase will be available to you through Beats98 for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as Beats98 has the right to make such content available to you. In certain cases (for example, if Beats98 loses the relevant rights, discontinues a service or Content is discontinued, breaches applicable terms or the law), Beats98 may remove from your Device or cease providing you with access to certain Content that you have purchased. Beats98 will provide you with reasonable prior notice of any such removal or cessation. If you are not able to download a copy of the Content before such removal or cessation, then Beats98 will offer you either (a) a replacement of the Content if possible or (b) a refund of the price of the Content. If Beats98 issues you a refund, the refund of your purchase price shall be your sole remedy.

Effect of Refunds


If a refund of the purchase price of Content for any reason is issued to you, you will no longer have the right to access the relevant Content.

Dangerous Activities


None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems or any other such activities in which case the failure of the Services or Content could lead to death, personal injury or severe physical or environmental damage.

Changes to these Terms


If the Terms change, you will be asked to accept new terms before you next purchase Content. Once you have accepted the new terms, they will apply to your use of all Content (including Content you have purchased in the past) and all subsequent purchases, until we notify you of further changes.

By purchasing new Content through Beats98, you will be accepting the new Terms.

Expiry of Withdrawal Right


Under the law you have an automatic statutory right of withdrawal from contracts for purchases of digital content, which includes purchases of Content on Beats98. However when you make a purchase of Content on Beats98 you agree that the Content will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory right of withdrawal.

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