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.
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.
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.
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:
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.
You represent, warrant and covenant to Pocketbeat.com that:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Last Updated: December 26th, 2012