THIS IS A LEGAL AGREEMENT BETWEEN YOU AND REST IN BEATS: STATING THE TERMS
THAT GOVERN YOUR USE OF THE ONLINE SHOPPING SERVICE. THIS AGREEMENT –
TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF
RESTINBEATS’S RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE "AGREEMENT"
BETWEEN YOU AND REST IN BEATS. TO AGREE TO THESE TERMS, CLICK "AGREE." IF
YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE
SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU:
CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND VICTORY MAY
REFUSE ACCESS TO THE ONLINE SHOPPING SERVICE FOR NONCOMPLIANCE WITH ANY
PART OF THIS AGREEMENT.
1. Definition of the Victory Records Webstore. RESTINBEATS is the provider of the online
shopping experience (the "Webstore") that permits you to purchase merchandise – such as sound
recordings and videos – under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Webstore. This Webstore 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. Objectionable Material. You understand that by using the Webstore, you may encounter content
that may be deemed offensive, indecent, or objectionable, which content may or may not be
identified as having explicit language. Nevertheless, you agree to use the Webstore at your sole
risk and that REATINBEATS shall have no liability to you for content that may be found to be
offensive, indecent, or objectionable.
4. System Requirements. Use of the Webstore requires a compatible device, Internet access (fees
may apply), and certain software (fees may apply), and may require obtaining updates or
upgrades from time to time. Because use of the Webstore involves hardware, software, and
Internet access, your ability to use the Webstore may be affected by the performance of these
factors. High speed Internet access is strongly recommended. You acknowledge and agree that
such system requirements, which may be changed from time to time, are your responsibility. The
Webstore is not part of any other product or offering, and no purchase or obtaining of any other
product shall be construed to represent or guarantee you access to the Webstore.
5. Policies and Rules. Your use of the Webstore and purchases made through it are subject to
RESTINBEATS's Terms of Sale at http://www.restinbeats.in/returnpolicy, which can be readily
viewed on the Webstore, and any end-user agreements or other terms and conditions required for
use of the Webstore, all of which are hereby made a part of this Agreement. If you have not
already read RESTINBEATS's Terms of Sale, you should do so now.
6. RESTINBEATS's Privacy Policy. Except as otherwise expressly provided for in this Agreement,
the Webstore is subject to RESTINBEATS's Privacy Policy at http://www.restinbeats/privacy,
which is expressly made a part of this Agreement. If you have not already read RESTINBEATS's
Privacy Policy, you should do so now.
7. Your Information. You agree to provide accurate, current, and complete information required to
register with the Webstore and at other points as may be required in the course of using the
Webstore ("Registration Data"). You further agree to maintain and update your Registration Data
as required to keep it accurate, current, and complete. RESTINBEATS may terminate your rights
to any or all of the Webstore if any information you provide is false, inaccurate or incomplete. You
agree that RESTINBEATS may store and use the Registration Data you provide (not including
credit card account information) for use in maintaining your accounts and billing fees to your credit
card account.
8. User Account and Security.
a. Account and Password. As a registered user of the Webstore, you may receive or establish an
account ("Account"). You are solely responsible for maintaining the confidentiality and security of
your Account. You should not reveal your Account information to anyone else or use anyone else's
Account. You are entirely responsible for all activities that occur on or through your Account, and
you agree to immediately notify RESTINBEATS of any unauthorized use of your Account or any
other breach of security. RESTINBEATS shall not be responsible for any losses arising out of the
unauthorized use of your Account.
Usage Rules
Your use of the Products is conditioned upon your prior acceptance of the terms of this
Agreement.
You shall be authorized to use the Products only for personal, noncommercial use.
Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall
not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright
owners in any audio or video content, sound recording, underlying musical composition, or artwork
embodied in any Product.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or
modify any security technology or software that is part of the Service or used to administer the
Usage Rules.
c. You agree that your purchase of Products constitutes your acceptance of and agreement to use
such Products solely in accordance with the Usage Rules, and that any other use of the Products
may constitute a copyright infringement. The security technology is an inseparable part of the
Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any
other terms or rules that may have been established between you and another party. REST IN
BEATSreserves the right to modify the Usage Rules at any time.
REST IN BEATS reserves the right not to post or publish any materials, and to delete, remove or
edit any material, at any time in its sole discretion without notice or liability.
9. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and
that REST IN BEATS may charge your credit card for any Products purchased, and for any
additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in
connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL
FEES AND FOR PROVIDING VICTORY WITH A VALID CREDIT CARD DETAILS FOR
PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the
checkout process.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are
subject to change at any time.
1.. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your
Product. Your exclusive and sole remedy with respect to Product that is not delivered within a
reasonable period will be either replacement of such Product, or refund of the purchase price paid
for such Product, as determined by REST IN BEATS.
1.. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to
graphics, audio clips, and editorial content, contains proprietary information and material that is
owned by REST IN BEATS and/or its licensors, and is protected by applicable intellectual property
and other laws, including but not limited to copyright, and that you will not use such proprietary
information or materials in any way whatsoever except for use of the Webstore in compliance with
the terms of this Agreement. No portion of the Webstore may be reproduced in any form or by any
means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based
on the Webstore, in any manner, and you shall not exploit the Webstore in any unauthorized way
whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of RESTINBEATS Content or Other Materials. Notwithstanding any other provision of
this Agreement, RESTINBEATS and its licensors reserve the right to change, suspend, remove, or
disable access to any Products, content, or other materials comprising a part of the Webstore at
any time without notice. In no event will REATINBEATS be liable for the removal of or disabling of
access to any such Products, content or materials under this Agreement. RESTINBEATS may
also impose limits on the use of or access to certain features or portions of the Webstore, in any
case and without notice or liability.
c. Copyrights. All copyrights in and to the Webstore and website are owned by RESTINBEATS
and/or its licensors. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT
FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY
PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE
MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
1.. Termination.
a. Termination by REST IN BEATS. If you fail, or RSST IN BEATS suspects that you have failed,
to comply with any of the provisions of this Agreement, including but not limited to failure to make
payment of fees due, failure to provide RESTINBEATS with a valid credit card or with accurate
and complete Registration Data, failure to safeguard your Account information, violation of the
Usage Rules or any license to the software, or infringement or other violation of third parties'
rights, RESTINBEATS, at its sole discretion, without notice to you may: (i) terminate this
Agreement and/or your Account, and you will remain liable for all amounts due under your Account
up to and including the date of termination; and/or (ii) terminate the license to the software; and/or
(iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. REST IN BEATS reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you,
and REST IN BEATS will not be liable to you or to any third party should it exercise such rights.
1.. General Compliance with Laws. The Service is controlled and operated by REST IN BEATS
from its offices in the United States. You agree to comply with all local, state, federal, and national
laws, statutes, ordinances, and regulations that apply to your use of the Service.
1.. Enforcement of These Terms. REST IN BEATS reserves the right to takes steps REST IN
BEATS believes are reasonably necessary or appropriate to enforce and/or verify compliance with
any part of this Agreement (including but not limited to REST IN BEATS's right to cooperate with
any legal process relating to your use of the Service and/or Products, and/or a third party claim
that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
You agree that REST IN BEATS has the right, without liability to you, to disclose any Registration
Data and/or Account information to law enforcement authorities, government officials, and/or a
third party, as REST IN BEATS believes is reasonably necessary or appropriate to enforce and/or
verify compliance with any part of this Agreement (including but not limited to REST IN BEATS’s
right to cooperate with any legal process relating to your use of the Service and/or Products,
and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes
such third party's rights).
1.. Disclaimer of Warranties; Liability Limitations.
a. REST IN BEATS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE
OF THE WEBSTORE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT
FROM TIME TO TIME REST IN BEATS MAY REMOVE THE WEBSTORE FOR INDEFINITE
PERIODS OF TIME, OR CANCEL THE WEBSTORE AT ANY TIME, WITHOUT NOTICE TO
YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSTORE
IS AT YOUR SOLE RISK. THE WEBSTORE AND ALL PRODUCTS AND SERVICES
DELIVERED TO YOU THROUGH THE WEBSTORE ARE (EXCEPT AS EXPRESSLY STATED
BY VICTORY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED
WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL REST IN BEATS, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN
ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY
ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSTORE, EVEN IF ADVISED
OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VICTORY'S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. REST IN BEATS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION
SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE
AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK,
AND REST IN BEATS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS
OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. REST IN BEATS DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSTORE WILL
BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR
OTHER SECURITY INTRUSION, AND VICTORY DISCLAIMS ANY LIABILITY RELATING
THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM,
INCLUDING ANY PRODUCTS PURCHASED FROM THE ONLINE SHOPPING SERVICE THAT
ARE STORED IN YOUR SYSTEM.
1.. Waiver and Indemnity. BY USING THE WEBSTORE, YOU AGREE TO INDEMNIFY AND
HOLD REST IN BEATS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING
OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSTORE, OR ANY
ACTION TAKEN BY REST IN BEATS AS PART OF ITS INVESTIGATION OF A SUSPECTED
VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE
OR RECOVER ANY DAMAGES FROM VICTORY, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION
TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU,
TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER
ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF
VICTORY'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN
OR CONTEMPLATED BY THIS AGREEMENT.
1.. Changes. REST IN BEATS reserves the right, at any time and from time to time, to update,
revise, supplement, and otherwise modify this Agreement and to impose new or additional rules,
policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements,
modifications, and additional rules, policies, terms, and conditions (collectively referred to in this
Agreement as "Additional Terms") will be effective immediately and incorporated into this
Agreement. Your continued use of the Webstore following will be deemed to constitute your
acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated
into this Agreement by this reference.
1.. Notices. REST IN BEATS may send you notice with respect to the Webstore by sending an
email message to the email address listed in your REST IN BEATS Account contact information,
by sending a letter via postal mail to the contact address listed in your REST IN BEATS Account
contact information, or by a posting on the Webstore. Notices shall become effective immediately.
2.. Governing Law. The laws of the State of Illinois, excluding its conflicts of law rules, govern
these Terms and your use of the Service. Your use of the Service may also be subject to other
local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any
claim or dispute with REST IN BEATS or relating in any way to your use of the Service resides in
the courts of the State of Illinois.
2.. Miscellaneous. These Terms of Service constitute the entire agreement between you and
REST IN BEATS and govern your use of the Service, superseding any prior agreements between
you and REST IN BEATS. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content, or third-party software. If any part of
these Terms of Service is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect. REST IN BEATS’s failure
to enforce any right or provisions in these Terms of Service will not constitute a waiver of such
provision, or any other provision of these Terms of Service. If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force
and effect. REST IN BEATS will not be responsible for failures to fulfill any obligations due to
causes beyond its control.