Terms & Conditions
This Agreement constitutes your agreement with Beamz Interactive, Inc. for your purchasing downloads or physical media (the “Service”) with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, “we” and “us” mean Beamz Interactive, Inc. or any successor or assign of Beamz Interactive, Inc.. Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
There is a one-time charge only for each of your purchases and you will never be re-billed. The amount charged to you is based on your choice of download or physical media. Purchase is done securely through our authorized sales processing agent PayPal. Your information will be transmitted through Secure Socket Layer (SSL) software to ensure your information is private.
Description Of Service
The Service allows you to find and listen to Samples and obtain downloads or physical media containing sound recordings and related digital content (“Song(s)”). You are responsible for any hardware, systems and/or software program(s) you use and any costs to connect to or use the internet, or power your computer.
Permission is granted to temporarily download copies of the materials (information or software) on the Beamz Music web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
● Modify or copy the materials
● Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
● Attempt to decompile or reverse engineer any software contained on the Beamz Music web site
● Remove any copyright or other proprietary notations from the materials
● Transfer the materials to another person or “mirror” the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Beamz Interactive, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The Service is distributed on an “as is” basis. Beamz Interactive, Inc. does not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the service is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any software, programs, advice, opinion, statement or other information displayed, uploaded or distributed through the service by Beamz Interactive, Inc., our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, download, advice, statement or information shall be at your sole risk. Your continued use of the service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Replacements, Refunds and Exchanges
In the event that a download link is corrupted or physical media such as a DVD is damaged, Beamz Interactive, Inc. will send the purchaser an email with a new download link, or will replace the damaged physical media free of charge. There are no refunds or exchanges, Beamz Interactive, Inc. will only replace the download link or physical media that was originally purchased without exception.
In no event shall Beamz Interactive, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Beamz Interactive, Inc.’s Internet site, even if Beamz Interactive, Inc. or a Beamz Interactive, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Purchasing By a Minor
For the protection of our shoppers, it is our policy to only sell to minors age 13 or above, and that if you are under the legal age of majority and wish to purchase from our online site, please have a parent or legal guardian make the purchase for you. You represent, warrant and covenant that you are at least 13 years old.
Legal Use of the Service
It will be your responsibility to use the products provided through the Service in a legal manner, respecting all laws including copyright infringement laws and any other law applicable to your use of the service. Beamz Interactive, Inc.c declines all responsibility related to your use of the software and services provided.
Privacy and Use of Information
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the service. Your continued use of the service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Revisions and Errata
The materials appearing on the Beamz Music web site could include technical, typographical, or photographic errors. Beamz Interactive, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Beamz Interactive, Inc. may make changes to the materials contained on its web site at any time without notice. Beamz Interactive, Inc. does not, however, make any commitment to update the materials.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the service, or of any Beamz Interactive, Inc. related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
Any claim relating to the Beamz Music web site shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.