Terms of Service(“Terms”)

Last updated: 10th August 2016

Please read these Terms and Conditions ("Terms", "Terms of Service") carefully before using the services provided by Musicplode Media Limited and its affiliates (hereinafter “MML”, "us", "we", or "our") with offices at 100 Cheapside, London, UK. These Terms are a binding agreement and govern the relationship between you and MML regarding your use of www.beattheintro.com (the “Website”) and the Beat the Intro® mobile application (the “Application”) and other services provided through the Application or Website (collectively, the "Service").

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

You may also be required to register and account on the service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you are accessing the Service through a third-party website, social network or mobile application provider, you also agree to comply with the applicable third-party’s terms and conditions or end user agreement, as applicable.

By installing, using or otherwise accessing the Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not install, use or otherwise access the Service.

  1. Updates & Changes to Terms

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Except as otherwise stated by us, these modifications or changes will become effective thirty (30) days following their initial posting. If a revision is material, we will try to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

  2. Privacy

    By visiting or using the Website, accessing, activating or using the Application or Service or creating an account, you agree to our collection, usage and storage of certain personal information about you as described in our privacy policy located at beattheintro.com/privacy-policy.

  3. Service Requirements

    In using the Service, you will need to use a device which is capable of accessing the internet and the applicable app stores for your device. You will be responsible, at your expense, for all network, mobile and telecommunications services, including all third-party charges, required to access the Service. Please check your tariff plan with your network, mobile and telecommunications providers to ensure that you are aware of any applicable fees and charges. We are not responsible for any expenses incurred by you while accessing or using the Service.

  4. Online Behaviour & Restrictions

    In any connection you have with your use of the Service, you agree that you will not:

    1. Attempt to gain unauthorised access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by MML, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, software or content that is part of the Service.

    2. Use cheats, exploits, automated software, bots, hacks, mods or any third-party software designed to modify or interfere with the Service.

    3. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

    4. Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive.

    5. Post any information that contains nudity, violence, or offensive subject matter or that contains a link to such content.

    6. Collect or store personally identifying information about other users for commercial or unlawful purposes.

    7. Use the Service for any unsolicited advertising or promotions.

    8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or content for any underlying software, content or other intellectual property used to provide or support the Service.

    9. Make recordings of use of the Application which shows the Application screen or the sounds emitted by the Application without the express written authorisation by MML and only as directed as part of a support dialogue.

  5. Suspension and Termination of Account and Service

    Without limiting any other remedies, MML may limit, suspend, terminate, modify, or delete Accounts or access to the Service or portions thereof if you are, or MML suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Service, with or without notice to you. You can lose your nickname, avatar and player profile as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Service, and MML is under no obligation to compensate you for any such losses or results.

    Without limiting any other remedies, MML may limit, suspend or terminate the Service and user Accounts or portions thereof, prohibit access to our Application and Website, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service if we believe they are creating risk or possible legal liabilities, infringing the rights of third-parties, or acting inconsistently with the letter or spirit of our Terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third-party intellectual property rights.

    MML reserves the right to terminate any account that has been inactive for 180 days.

    MML reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which your licence to use the Service or a part thereof will be automatically terminated. In such event, MML shall not be required to provide refunds, benefits or other compensations to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

    You may terminate your Account at any time and for any reason by contacting us via support@musicplodemedia.com informing MML that you wish to terminate your Account.

  6. Content

    MML reserves the right to stop offering and/or change the content, including but not limited to music packs, audible tracks, musical compositions and artwork provided as part of the Service at any time.

  7. Ownership
    1. The Service

      All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, catch phrases, concepts, artwork, animations, voice-overs, audio-visual effects, methods of operation, moral rights, documentation, the Application clients and server software) are owned by MML. MML reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Application and the Service.

    2. Accounts

      Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of MML.

    3. Virtual Items

      MML owns, has licensed, or otherwise has rights to use all of the virtual content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any virtual content that appears in the Service, including without limitation the virtual goods, currency or music packs appearing or originating in the Application or Website, whether earned in a game or purchased from MML, or any other attributes associated with an Account or stored on the Service.

    4. User Content

      “User Content” means any communication, images, sounds, and all the material, data, and information that you upload or transmit through a MML app, game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (i) accurate and not confidential; (ii) not in violation of any laws, contractual restrictions or other third-party rights, and that you have permission from any third-party whose personal information or intellectual property is comprised in the User Content; (iii) free of viruses, adware, spyware, worms or other malicious code; and (iv) you acknowledge and agree that any of your personal information within such content will at all times be processed by MML in accordance with its Privacy Policy. MML reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

  8. User Content
    1. Consent

      Our Service allows you to post, link, store, share and otherwise make available User Content. MML assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.

      By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content.

      We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

    2. License

      You hereby grant to MML an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide licence (including the right to sublicense and assign to a third-party) and right to copy, modify, commercialise and use your User Content as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.

  9. Purchases & Fees
    1. Purchases

      As part of the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable licence to use (i) “virtual currency”, including but not-limited to BTI coins; (ii) “in-game items”, including but not limited to music packs, (together with “virtual currency”, “Virtual Items”); and (iii) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

      MML may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. MML shall have no liability to you or any third-party in the event that MML exercises any such rights.

      The transfer of Virtual Items and Merchandise is prohibited except where expressly authorised in the Service. Other than expressly authorised in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to MML, another user or any third-party.

      All purchases and redemptions of Virtual Currency made through the Service are final and non-refundable.

      The provision of Virtual Items for use in MML apps is a service provided by MML that commences immediately upon acceptance by MML of your purchase.

    2. Fees

      You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. MML may revise the pricing for goods and services, including but not limited to Virtual Items and Merchandise, offered through the Service at any time. You acknowledge that MML is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an Account is closed, whether such closure was voluntary or involuntary.

  10. Updates to the Service

    You understand that the Service is an evolving one. MML may require that you accept updates to the Service and to MML’s apps you have installed on your mobile phone, tablet, games console or computer. You acknowledge and agree that MML may update the Service and MML apps with or without notifying you. You may need to update third-party software from time to time in order to receive the Service and use MML’s apps.

  11. Disclaimer of Warranties

    Without limiting MML’s liability under section 12 below, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties or merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. MML does not warrant that you will be able to access or use the Service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the app or the service are free of viruses or other harmful components.

  12. Limitation of Liability, Remedies and Indemnities

    MML shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not MML has been advised of the possibility of such damages. MML shall not be liable to you for more than the amount you have paid to MML in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to MML during such time period, your sole remedy (and MML’s exclusive liability) for any dispute with MML is to stop using the Service and to cancel your Account.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that MML may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of MML’s liability shall be the minimum permitted under such applicable law.

    You agree to indemnify, defend and hold MML harmless form any claim, demand, damages or other losses, including reasonable lawyer’s fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.

  13. Dispute and Resolution

    If a dispute arises between you and MML, we strongly encourage you to first contact us directly to seek a resolution which you can by emailing our support address: support@musicplodemedia.com . These Terms of Service shall be interpreted under the laws of the England. Any and all legal actions relative hereto shall be brought in the courts located in England. The parties to these Terms of Service both submit to the exclusive jurisdiction of the courts located within England for the resolution of any disputes hereunder.

  14. Severability

    You and MML agree that if any portion of these Terms of Service or of the MML Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

  15. General Provisions
    1. Assignment

      MML may assign or delegate these Terms of Service and/or the MML Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without MML’s prior written consent, and any unauthorised assignment and delegation by you is ineffective.

    2. Supplemental Policies

      MML may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

    3. Entire Agreement

      These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the MML Privacy Policy), contain the entire understanding of you and MML, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

    4. No Waiver

      The failure of MML to require or enforce strict performance by you of any provision of these Terms of Service or the MML Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of MML’s right to assert or rely upon any such provision or right in that or any other instance.

      The express waiver by MML of any provision, condition, or requirement of these Terms of Service or the MML Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

      Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by MML shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of MML.

    5. Notices

      We may notify you via postings on www.beattheintro.com and via e-mail or any other communications means including contact information you have provided to us. All notices given by you or required from you under these Terms of Service or the MML Privacy Policy shall be in writing and addressed to: Musicplode Media Limited, 100 Cheapside, London, UK. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

    6. Equitable Remedies

      You acknowledge that the rights granted and obligations made under these Terms of Service to MML are of a unique and irreplaceable nature, the loss of which shall irreparably harm MML and which cannot be replaced by monetary damages alone so that MML shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

      You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any MML app, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 12 (if any).

    7. Force Majeure

      MML shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MML, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MML’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

  16. Contact Us

    If you have any questions about these Terms, please contact us at info@beattheintro.com