Terms and Conditions

The usage of the Pocketbeat.com Services (“Services”) is governed by these Terms of Use(the"Agreement"). Please read this Agreement carefully as it is a legally binding agreement between Sobaka Developments AB doing business as Pocketbeat.com ("Pocketbeat.com") and You (the "Member," who has registered an account with Pocketbeat.com). The Pocketbeat.com Services include the services offered at Pocketbeat.com (the "Website"), as well as the use of Pocketbeat.com’s "Content" (which includes but is not limited to text, files, music, messages, photos, video, images, sounds, profiles, works of authorship, our music player, or any other materials or software designed, produced and/or offered by Pocketbeat.com).

Unless other agreement in writing with Pocketbeat.com, your agreement will always include these Terms of Use. This Agreement with Pocketbeat.com may also include additional terms ("Additional Terms").

Any Additional Terms will be made available for You to read, review and accept through Your subscription to or use of certain features or through a written agreement between You and Pocketbeat.com. If there is a conflict or contradiction between the Additional Terms these Terms of Use, the conflicting Additional Terms will be controlling and the rest of these Terms of Use will remain in use.

To use the Pocketbeat.com’s Services You must first agree to these Terms of Use. If You choose not to accept this Agreement, You cannot use the Services and should stop using them right away. By using the Pocketbeat.com Services You understand and accept all the terms of this Agreement.

Pocketbeat.com's Services.

Pocketbeat.com, in addition to other services, allows its Members to listen to streaming music mixes. Pocketbeat.com also allows its Members to view custom DJ profile pages, allowing DJ's to expose their mixes to the members. Pocketbeat.com’s Services include the Content, our player, and any other features or applications or service Pocketbeat.com may offer from time to time.

Changes to these Terms of Use.

These Terms of Use, the Services, Content and Website are subject to change at the sole discretion of Pocketbeat.com. When changes are done, these will be posted on the Website and are effective upon posting. By keep using the Pocketbeat.com Services You accept these changes and waive any right to specific notice of such changes. Pocketbeat.com encourages You to on regular basis review this Agreement to keep up to date with any changes and, if a You disagrees with any of these Terms and Conditions or changes, You must cancel your subscription and stop using the Pocketbeat.com Services.

Member Accounts and Passwords.

Before You start Your subscription to the Services, You will be asked to create an account and choose a password. You are responsible for maintaining the confidentiality of the password and for any and all use of Your Pocketbeat.com account. You must not use the account, username, or password of another Member or show their password to any third party. You agree to contact Pocketbeat.com without delay if you suspect any unauthorized access to Your password or use of Your account. If you do not meet these terms, you may be held responsible for any and all use of Your account. Pocketbeat.com has the right to access any Member's account and usage information and may review and use such account and usage information as it determines appropriate in its sole discretion, including, without limitation, as reasonably needed to investigate complaints, to provide the Services, or for such other purposes as Pocketbeat.com considers necessary and appropriate.

Termination of Membership.

If a Member breaks any of Pocketbeat.com’s Policies, Pocketbeat.com can, in addition to any other rights and remedies it may have at law or in equity, immediately terminate that Member’s subscription to the Services without notice. In the event of such termination, Pocketbeat.com shall not refund any prepaid subscription fees. Members can cancel their subscription at any time; provided if a Member cancels their subscription, no refunds will be issued of any prepaid subscription fees. If Pocketbeat.com discontinues the Services service for any reason except for a violation by You of Pocketbeat.com 's policies, Pocketbeat.com shall refund a prorated portion of any prepaid subscription fees.

Member Conduct.

You understand and agree that Pocketbeat.com may review and delete any content that, in our sole judgment of Pocketbeat.com, does not comply with Pocketbeat.com 's Policies, or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of other Members and/or third parties. Prohibited Content includes, but is not limited to, content that:

  • (a) Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • (b) Causes harm to minors;
  • (c) Infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • (d) Any unauthorized materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • (e) Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • (f) Interferes with or disrupts the Services or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  • (g) Harasses others.

Collecting Member names and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing, inlining or linking from or to the Website are prohibited. All forms of illegal use, unauthorized use, and/or use that violates the letter or spirit of Pocketbeat.com 's Policies are prohibited. Commercial advertisements, associated links and other forms of enticements or endorsements may be removed from the Member profiles without notice and mayresult in termination of Your Membership.

Representations and Warranties made by You.

You represent, warrant and covenant to Pocketbeat.com that:

  • 1. You will comply with all applicable local, state and federal laws, ordinances, regulations, orders and all Pocketbeat.com Policies with respect to any contact or information submitted to Pocketbeat.com customers;
  • 2. You shall not to use the account, username, or password of another Member at any time without their authorization, and agree to notify Pocketbeat.com immediately if You suspect any unauthorized use of Your account or access to Your password; and
  • 3. Any information provided by You to Pocketbeat.com is true and correct.
  • 4. You are responsible for providing the modem, cable modem, DSL and any other hardware and software necessary to use Pocketbeat.com’s Services.

Proprietary Rights.

As between the parties, Pocketbeat.com shall retain all ownership rights in all technology, hardware, software, programs, codes, processes, user interfaces and any other functionality, including the player, music mixes, as well as any and all content,offered through Pocketbeat.com’s Services (the "Pocketbeat.com Technology and Content"). No license, right or interest in any Pocketbeat.com trademark, copyright, trade name or service mark is granted hereunder. Member shall not disassemble, reverse engineer, license, sub-license, create derivative works from or re-license any of the Pocketbeat.com Technology and Content.

Promotional content.

Pocketbeat.com reserves the right to use Your created or/and uploaded content for purposes to promote its Service. The content can be used to promote the Pocketbeat.com Service on any external platform, anywhere and anytime without approval from You.

License from Pocketbeat.com to You.

Pocketbeat.com grants You a non-assignable limited license to make personal and non-commercial use of the Website and Services. The Services are for the personal use of Members only (organizations, companies or other businesses may not become Members and may therefore not use the Services) and may not be used in connection with any commercial activities except those that are specifically endorsed and approved by Pocketbeat.com in writing. You may not transfer or copy any of the Pocketbeat.com Technology and Content (which, for the avoidance of doubt, shall mean any material which is posted on Pocketbeat.com, including, but not limited to, passwords, Member names and/or emails, photographs, links, Content provided by any Members and/or any information, elements of design, Pocketbeat.com 's music player, technical functions and/or works of authorship provided by Pocketbeat.com as part of the Services) for use in connection with any other product or service.

Content License from You to Pocketbeat.com.

The following applies to all Members. Some of the Content offered by Pocketbeat.com is made available by permission from the Members who created it. If you are uploading music or other content created by yourself (such as text, pictures, sounds, mixes) and if you are not a registered member of Pocketbeat.com, you grant Pocketbeat.com permission to stream the uploaded music or other content on the terms and conditions of these Terms of Use posted on Pocketbeat.com and you also warrant that you have sufficient rights in such content to grant such rights to Pocketbeat.com. By displaying or publishing any Content on or through the services of the Website, each Member grants Pocketbeat.com a fully-paid, non-exclusive, and royalty-free, worldwide sub-licensable license to use, modify copy, translate, adapt, publicly display, publicly perform, transmit, transfer, broadcast, reproduce, store and distribute such Content on and through the Website or other Pocketbeat.com Services. This license will surviveeven after a Member removes such Content. In the event of removal, a residual or back-up copy of the Content posted may remain on Pocketbeat.com 's servers and Pocketbeat.com maintains all rights to those copies. You warrant and represent that You own the Content posted by You or otherwise have the right to grant the above described license. Furthermore, You warrant and represent that the posting of Your Content on or through the Website does not violate the copyrights, publicity rights, contract rights, privacy rights or any other rights of any person or company. Member agrees to pay for all fees, royalties and any other duty owed to any person or company by reason of any Content posted by them to or through the Website.

DISCLAIMER OF WARRANTIES.

THE SERVICES AND CONTENT PROVIDED BY POCKETBETA.COM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEMBER AGREES THAT THEIR SUBSCRIPTION TO THE SERVICES AND USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT MEMBER'S OWN RISK. POCKETBEAT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ANDNON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE WEBSITE. POCKETBEAT.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. POCKETBEAT.COM IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO ANY PRICING, TEXT OR CONTENT.

LIMITATION OF LIABILITY.

EXCEPT FOR MEMBER'S FAILURE TO PAY ANY FEES DUE POCKETBEAT.COM AND AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF MEMBER'S USE OF THE SERVICES AND/OR THE WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE FEES PAID TO POCKETBEAT.COM DURING SIX (6) MONTHS PRIOR TO THE CLAIM. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment of Rights.

Pocketbeat.com may assign its rights and obligations hereunder without any notice to Members. Members may not assign any of their rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Pocketbeat.com. These Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Copyright Policy.

Pocketbeat.com does not endorse or tolerate actions or activities that violate another party's intellectual property rights. Members may not display or publish or in any other way modify, post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information that does not belong to them without the prior written consent of the owner. Please notify Pocketbeat.com if you are a copyright owner, or representative of such, and you believe that any Content on the Website infringe your copyright. Details on how to properly notify Pocketbeat.com can be found below. Some of the Content offered by Pocketbeat.com is made available by permission from the Members who created it. If you are uploading music created by yourself and if you are not a registered member of Pocketbeat.com, you grant Pocketbeat.com permission to stream the uploaded music on the terms and conditions of these Terms of Use posted on Pocketbeat.com and you also warrant that you have sufficient rights in the music to grant such rights to Pocketbeat.com.

Trademarks.

Pocketbeat.com and third party trademarks or service marks may or may not be identified on the Website or through the use of TM, SM, or ® or other symbols. Except when authorized by Pocketbeat.com, You may not use any logos, names, or other trademarks found within the Services offered by Pocketbeat.com, without prior written consent of Pocketbeat.com.

Advertisements.

Pocketbeat.com may display advertisements and promotions and these advertisements may be placed or chosen through any information stored on the Website. The amount, the means, and the manner of advertising by Pocketbeat.com are subject to change without any form of notice to you. By Pocketbeat.com granting you access and use of the Website and Services, you agree that Pocketbeat.com may place such advertising on the Website.

Third Party Content.

Pocketbeat.com may include links to third party web sites, content or resources. Pocketbeat.com may not have control over these third party web sites. You understand and agree that Pocketbeat.com is not responsible for the availability of these other sites, does not endorse any advertisings, products or other material. Such third party content is used at your own risk.

Member Support and Version Updates.

You are using the Pocketbeat.com Services at your own risk and we are under no obligation to provide you with any support although we reserve the right to do so. If You have any questions concerning this Agreement or need technical support, you may contact Pocketbeat.com support by emailing hello@Pocketbeat.com. Pocketbeat.com may also make available newer versions of the Website Services which, at Pocketbeat.com's election, may be subject to additional fees.

Notice.

Pocketbeat.com may send notifications, whether required by law or for business related purposes, including marketing, to you via electronic mail, mobile text message, courier mail, or through posting on Pocketbeat.com or any mobile phone or other Pocketbeat.com application, at its sole discretion. Notices posted by Pocketbeat.com shall be deemed effective upon posting. Pocketbeat.com reserves the right to determine the form and means of providing notifications to you, provided that you have not, where applicable, opted out of receiving such notifications. Any notices to Pocketbeat.com by You must be in writing and may either be sent via facsimile, electronic mail or overnight courier.

No Waiver.

If Pocketbeat.com does not exercise or enforce any legal right or remedy contained in the terms this will not be taken as a waiver, formal or informal, and that those rights and remedies are still available to Pocketbeat.com.

Severability.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best toaccomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

Governing Law and Venue.

These Terms and Conditions shall be governed by, construed and enforced inaccordance with the laws of Sweden, without reference to the choice of law provisions thereof. Any legal action or proceeding with respect to these Terms and Conditions or any transaction related hereto shall be brought in the courts of Sweden and Member consents to the exclusive jurisdiction of these Courts. Member irrevocably waives, to the extent permitted by applicable law, any objection, including, but not limited to, any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have, to the bringing of any action or proceeding in such jurisdictions with respect to these Terms and Conditions or any transaction related hereto.

MEMBER ACKNOWLEDGES AND AGREES THAT MEMBER HAS READ THIS AGREEMENT, COMPLETELY UNDERSTANDS ITS TERMS AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. MEMBER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN POCKETBEAT.COM AND MEMBER (WITH THE EXCEPTION OF ANY "ADDITIONAL TERMS" THAT POCKETBEAT.COM MAY PRESENT TO YOU REGARDING CERTAIN FEATURES OR SPECIAL MEMBERSHIPS) AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN POCKETBEAT.COM AND MEMBER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

For any Additional Information please e-mail hello@Pocketbeat.com.

Updated December 26th, 2012.

Privacy Policy

This Pocketbeat.com Privacy policy (this "Privacy Policy") covers the site www.Pocketbeat.com (the "Website"). Because we wish to demonstrate our commitment to our users' privacy, we will notify users of:

  • 1. What personally identifiable information Pocketbeat.com collects;
  • 2. What personally identifiable information third parties collect through the Website;
  • 3. What organization collects the information;
  • 4. How Pocketbeat.com uses the information;
  • 5. With whom Pocketbeat.com may share user information;
  • 6. What choices are available to users regarding collection, use and distribution of the information;
  • 7. What measures Pocketbeat.com takes to protect the information under its control; and
  • 8. How users can correct any inaccuracies in the information.

This Privacy Policy covers only information that is collected through this Website, and does not cover information that may be collected through software downloaded from the Website. If you have questions or concerns regarding this statement, please do not hesitate to contact Pocketbeat.com.

Information Collection & Use

  • 1. Registration. In order to use this Website, you must first complete the registration form and create a user name and password. During registration you are required to provide contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest. Pocketbeat.com is the sole owner of the information collected on www.Pocketbeat.com. Pocketbeat.com collects personally identifiable information from our users at several different points on our Website.
  • 2. Subscriptions. If you subscribe to our service, we request certain personally identifiable information from you on our sign up page. You must provide contact information (such as name, email, and billing address) and financial information (such as credit card number, expiration date). We use this information for billing purposes. If we have trouble processing an your subscription, we will use this information to contact you.

Uses of Information

Pocketbeat.com uses the information that you provide for the following general purposes: to customize the content you see, fulfill your requests for services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

Communications from the Website

  • 1. Special Offers and Updates. We may occasionally send you information on products, services, special deals and promotions. You can sign up for these emails from us on our registration page. Out of respect for your privacy, we present the option not to receive these types of communications.
  • 2. Service-Related Announcements. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you a text message or an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
  • 3. Customer Service. Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by e-mail.
  • 4. Supplementation of Information. In order to provide certain services to you, we may on occasion supplement the personal information you submitted to us with information from third party sources.

Information Sharing and Disclosure

  • 1. Personally Identifiable Information. We do not share personally identifiable information with third parties. Agents. We use a credit card processing company to bill you for services. These companies do not share personally identifiable information for any other purposes with any third parties.
  • 2. Service Providers. We use other third parties to provide certain other services on our Website. When you sign up for these services, we will share personally identifiable information as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose.
  • 3. Legal Disclaimer. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Website.

Log Files

As is true of most Websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do link this automatically-collected data to personally identifiable information.

Cookies

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. We set a persistent cookie to store your passwords, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited. Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by www.Pocketbeat.com only and does not cover the use of cookies by any advertisers.

Clear Gifs (Web Beacons/Web Bugs)

We employ or our third party advertising partners employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We tie the information gathered by clear gifs to our customers' personally identifiable information. To learn more about our advertising company's use of clear gifs, please contact us at the contact information provided below. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

Third Party Advertisers

The ads appearing on this Website are delivered to users by our advertising partners. We share Website usage information with reputable third party advertisers for the purpose of targeting the Internet banner advertisements on this site. Third party advertisers use cookies and clear gifs on this site, which allow them to recognize a user's cookie when a user visits this site. The information that third party advertisers collect and share through this technology is not personally identifiable. For more information about our third-party advertisers, or to learn more about the choices available to you regarding this anonymous information contact Pocketbeat.com at the contact information listed below.

Links to Other Sites

This Website contains links to other sites that are not owned or controlled by Pocketbeat.com. Please be aware that Pocketbeat.com is not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the Privacy Policies of each and every Website that collects personally identifiable information. This Privacy Policy applies only to information collected by this Website.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may update it by making the change on our [user information] page or by contacting us at the contact information listed below.

Security

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our registration form, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at the contact information listed below.

Business Transitions

In the event Pocketbeat.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via prominent notice on our Website for 30 days of any such change in ownership or control of your personal information.

Changes in this Privacy Policy

If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy, please contact us at hello@Pocketbeat.com.

Last Updated: December 26th, 2012