Effective as of October 7, 2015
Thank you for your interest in and use of our products and services, and the content contained therein. Set forth below are the terms and conditions (“Terms and Conditions”) governing the Abeato web site located at, or linked to through, the root URL www.abeato.com, which may expand or change from time to time (the “Website”). As used herein, the term “Abeato.com” refers to Abeato, 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. This agreement (“Agreement”) is a binding legal agreement between you and Abeato.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE ANY PORTION OF THE SERVICES.
1. Ability To Use the Services.
This service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. Use of Materials Found on the Website.
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, “Materials”) contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Abeato program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on an Abeato server, except where explictly allowed to do so. You should not attempt to claim any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement. Before using any Abeato logo or trademark, please contact email@example.com.
4. Copyright and Trademark Infringement Policy and Notification Procedure.
Abeato does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the “Content”) posted by third parties to the Website. All Content is posted by an individual, group or company (collectively, the “Producer”) who has represented and warranted to Abeato that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the “Name”) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. Buyers are subject to clear any samples on any composition purchased.
Since Abeato is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Website, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the “Complainants”) and the Producers. We recommend that Complainants immediately notify Producers about allegations of infringement by going to the Producer’s page on the Website, clicking the Contact link and contacting the Producer directly. Typically, once notified of a claim, Producers voluntarily cease using such infringing Content and/or Name on the Website and elsewhere.
5. Refund policy.
Abeato does not offer refunds. If there are any issues with a premium service or an ordered item please contact Abeato immediately. Premium services (recurring billings) can be cancelled anytime for any reason. Cancellations by the individual, group or company that signed up for the premium service (collectively, the “Subscriber”) will be effective after the paid period. In case of cancellation by the Subscriber the period that is already paid for will not be reimbursed. The premium service will then remain active until the end of the paid period. Abeato reserves the right to cancel premium services for any reason at any time without notification. If Abeato cancels a premium service before its expiration date, Subscriber might be entitled to a pro-rated refund of the last payment. However, no refund will be given if user violated the Terms and Conditions of Web Site Use, or the Producer Membership Agreement.
Premium service can be cancelled by emailing firstname.lastname@example.org with cancellation request and producer name or order ID. Cancellation will be confirmed by email.
6. Communication Preferences and Consent.
From time to time Abeato may send you communications to the email address associated with your account. These communications may include, but are not limited to, tips, special offers, and other account-related or transactional messages.
Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the services, you expressly consent to the receipt of all such communications from or on behalf of Abeato.
7. Your Conduct.
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Abeato’s express prior approval, contains advertising or any solicitation with respect to products or services.
In addition, if we feel that a user abuses the Abeato site in any way, we reserve the right to share certain information with third parties. Abuses include, but are not limited to, possible copyright infringement, possible libel and/or slander, possible credit card fraud. Abeato reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification.
Content: The Website offers a wide selection and variety of content to our members and users. Content may contain profanity or otherwise inappropriate or offensive material for children or other members and/or users. Members and/or users must evaluate and bear the risk associated with the use of the Website and related services. Abeato suggests that parents should supervise their children while on-line and consider using parental control tools available to help provide an appropriate on-line environment for their children. Users are also encouraged to contact Abeato for evaluation of possible offensive material. Abeato reserves the right to act on such notices at its sole discretion.
Abeato may present advertisements for or links to third party websites, products, and/or services (“Third Party Ads“). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither Abeato nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.
10. Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABEATO MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
IN ADDITION, ABEATO MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ABEATO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT.
UNDER NO CIRCUMSTANCE WILL ABEATO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
11. Limitation of Liability.
By availing yourself of the Website, Materials or related services, you agree to release and hold Abeato and the employees, officers, directors, shareholders, agents, representatives of Abeato, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Abeato, any third-party providers or sources of information or data and legal advisers (collectively, “Abeato Affiliates”) harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Abeato that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Abeato Affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL ABEATO BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF ABEATO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. General Provisions.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of San Francisco, California, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Abeato’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Modification of Terms and Conditions.
From time to time Abeato may modify these Terms and Conditions in its sole discretion. When such modification is made, Abeato will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. Abeato is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.
14. Questions Regarding this Agreement.
If you have any questions regarding this Agreement, you may contact email@example.com.