Terms of Use
Version 1.0
The Belear Music website located at https://belearmusic.blogspot.com/
is a copyrighted work belonging to Belear Music. Certain features of the Site
may be subject to additional guidelines, terms, or rules, which will be posted
on the Site in connection with such features.
All such additional terms, guidelines, and rules are
incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and
conditions that oversee your use of the Site. BY LOGGING INTO THE SITE,
YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the
authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST
18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION
OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on
an individual basis to resolve disputes and also limit the remedies available
to you in the event of a dispute.
Access
to the Site
Subject to these Terms, Company grants you a
non-transferable, non-exclusive, revocable, limited license to access the Site
solely for your own personal, noncommercial use.
Certain Restrictions, The rights approved to you in
these Terms are subject to the following restrictions: (a) you shall not sell,
rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site; (b) you shall not change, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Site; (c) you
shall not access the Site in order to build a similar or competitive website;
and (d) except as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be subject
to these Terms. All copyright and other proprietary notices on the Site
must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the
Site with or without notice to you. You approved that Company will not be
held liable to you or any third-party for any change, interruption, or
termination of the Site or any part.
No Support or Maintenance, You agree that Company will have
no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are
aware that all the intellectual property rights, including copyrights, patents,
trademarks, and trade secrets, in the Site and its content are owned by Company
or Company’s suppliers. Note that these Terms and access to the Site do not
give you any rights, title or interest in or to any intellectual property
rights, except for the limited access rights expressed in Section 2.1. Company
and its suppliers reserve all rights not granted in these Terms.
User
Content
User Content, "User Content" means any and
all information and content that a user submits to the Site. You are
exclusively responsible for your User Content. You bear all risks associated
with use of your User Content. You hereby certify that your User Content
does not violate our Acceptable Use Policy. You may not represent or
imply to others that your User Content is in any way provided, sponsored or
endorsed by Company. Because you alone are responsible for your User Content,
you may expose yourself to liability. Company is not obliged to backup any User
Content that you post; also, your User Content may be deleted at any time
without prior notice to you. You are solely responsible for making your own
backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive,
royalty-free and fully paid, worldwide license to reproduce, distribute,
publicly display and perform, prepare derivative works of, incorporate into
other works, and otherwise use and exploit your User Content, and to grant
sublicenses of the foregoing rights, solely for the purposes of including your
User Content in the Site. You hereby irreversibly waive any claims and
assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy, The following terms constitute our
"Acceptable Use Policy": You agree not to use the Site to collect,
upload, transmit, display, or distribute any User Content (i) that violates any
third-party right or any intellectual property or proprietary right; (ii) that
is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of
another’s privacy, vulgar, defamatory, false, intentionally misleading, trade
libelous, pornographic, obscene, patently offensive, promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual; (iii)
that is harmful to minors in any way; or (iv) that is in violation of any law,
regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or
distribute to or through the Site any software intended to damage or alter a
computer system or data; (ii) send through the Site unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages; (iii) use
the Site to harvest, collect, gather or assemble information or data regarding
other users without their consent; (iv) interfere with, disrupt, or create an
undue burden on servers or networks connected to the Site, or violate the
regulations, policies or procedures of such networks; (v) attempt to gain
unauthorized access to the Site, whether through password mining or any other
means; (vi) harass or interfere with any other user’s use and enjoyment of the
Site; or (vi) use software or automated agents or scripts to produce multiple
accounts on the Site, or to generate automated searches, requests, or queries
to the Site.
We reserve the right to review any User Content, and to
investigate and/or take appropriate action against you in our sole discretion
if you violate the Acceptable Use Policy or any other provision of these Terms
or otherwise create liability for us or any other person. Such action may
include removing or modifying your User Content, terminating your Account in
accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions
regarding the Site, you hereby assign to Company all rights in such Feedback
and agree that Company shall have the right to use and fully exploit such
Feedback and related information in any manner it believes appropriate.
Company will treat any Feedback you provide to Company as non-confidential and
non-proprietary.
You agree to indemnify and hold Company and its officers,
employees, and agents harmless, including costs and attorneys’ fees, from any
claim or demand made by any third-party due to or arising out of (a) your use
of the Site, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company reserves
the right to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate with our defense
of these claims. You agree not to settle any matter without the prior
written consent of Company. Company will use reasonable efforts to notify
you of any such claim, action or proceeding upon becoming aware of it.
Third-Party
Links & Ads; Other Users
Third-Party Links & Ads, The Site may contain links to
third-party websites and services, and/or display advertisements for
third-parties. Such Third-Party Links & Ads are not under the control
of Company, and Company is not responsible for any Third-Party Links &
Ads. Company provides access to these Third-Party Links & Ads only as
a convenience to you, and does not review, approve, monitor, endorse, warrant,
or make any representations with respect to Third-Party Links & Ads.
You use all Third-Party Links & Ads at your own risk, and should apply a
suitable level of caution and discretion in doing so. When you click on any of
the Third-Party Links & Ads, the applicable third party’s terms and
policies apply, including the third party’s privacy and data gathering
practices.
Other Users, Each Site user is solely responsible for
any and all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. You agree that Company
will not be responsible for any loss or damage incurred as the result of any
such interactions. If there is a dispute between you and any Site user,
we are under no obligation to become involved.
You hereby release and forever discharge the Company and our
officers, employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature, that has arisen or arises directly or indirectly out
of, or that relates directly or indirectly to, the Site. If you are a
California resident, you hereby waive California civil code section 1542 in
connection with the foregoing, which states: "a general release does not
extend to claims which the creditor does not know or suspect to exist in his or
her favor at the time of executing the release, which if known by him or her
must have materially affected his or her settlement with the debtor."
Google doubleclick DART Cookie, Google is one of a
third-party vendor on our site. It also uses cookies, known as DART cookies, to
serve ads to our site visitors based upon their visit to www.website.com and
other sites on the internet. However, visitors may choose to decline the use of
DART cookies by visiting the Google ad and content network Privacy Policy at
the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners, Some of advertisers on our
site may use cookies and web beacons. Our advertising partners are listed
below. Each of our advertising partners has their own Privacy Policy for their
policies on user data. For easier access, we hyperlinked to their Privacy
Policies below.
Google
Https://policies.google.com/technologies/ads
Disclaimers
The site is provided on an "as-is" and "as
available" basis, and company and our suppliers expressly disclaim any and
all warranties and conditions of any kind, whether express, implied, or
statutory, including all warranties or conditions of merchantability, fitness
for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
We and our suppliers make not guarantee that the site will meet your
requirements, will be available on an uninterrupted, timely, secure, or
error-free basis, or will be accurate, reliable, free of viruses or other
harmful code, complete, legal, or safe. If applicable law requires any
warranties with respect to the site, all such warranties are limited in
duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. Some
jurisdictions do not allow limitations on how long an implied warranty lasts,
so the above limitation may not apply to you.
Limitation
on Liability
To the maximum extent permitted by law, in no event shall
company or our suppliers be liable to you or any third-party for any lost
profits, lost data, costs of procurement of substitute products, or any
indirect, consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability to use
the site even if company has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion and
risk, and you will be solely responsible for any damage to your device or
computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding
anything to the contrary contained herein, our liability to you for any damages
arising from or related to this agreement, will at all times be limited to a
maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim
will not enlarge this limit. You agree that our suppliers will have no
liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion
of liability for incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
Term and Termination, Subject to this Section, these Terms
will remain in full force and effect while you use the Site. We may
suspend or terminate your rights to use the Site at any time for any reason at
our sole discretion, including for any use of the Site in violation of these
Terms. Upon termination of your rights under these Terms, your Account
and right to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases.
Company will not have any liability whatsoever to you for any termination of
your rights under these Terms. Even after your rights under these Terms
are terminated, the following provisions of these Terms will remain in effect:
Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright
Policy.
Company respects the intellectual property of others and
asks that users of our Site do the same. In connection with our Site, we
have adopted and implemented a policy respecting copyright law that provides
for the removal of any infringing materials and for the termination of users of
our online Site who are repeated infringers of intellectual property rights,
including copyrights. If you believe that one of our users is, through
the use of our Site, unlawfully infringing the copyright(s) in a work, and wish
to have the allegedly infringing material removed, the following information in
the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent:
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to
have been infringed;
Identification of the material on our services that you
claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of
the objectionable material is not authorized by the copyright owner, its agent,
or under the law; and
A statement that the information in the notification is accurate,
and under penalty of perjury, that you are either the owner of the copyright
that has allegedly been infringed or that you are authorized to act on behalf
of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification automatically
subjects the complaining party to liability for any damages, costs and
attorney’s fees incurred by us in connection with the written notification and
allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we
make any substantial changes, we may notify you by sending you an e-mail to the
last e-mail address you provided to us and/or by prominently posting notice of
the changes on our Site. You are responsible for providing us with your
most current e-mail address. In the event that the last e-mail address
that you have provided us is not valid our dispatch of the e-mail containing
such notice will nonetheless constitute effective notice of the changes described
in the notice. Any changes to these Terms will be effective upon the
earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of
the changes on our Site. These changes will be effective immediately for
new users of our Site. Continued use of our Site following notice of such
changes shall indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes. Dispute Resolution. Please
read this Arbitration Agreement carefully. It is part of your contract with
Company and affects your rights. It contains procedures for MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement, All claims and
disputes in connection with the Terms or the use of any product or service
provided by the Company that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual basis under the
terms of this Arbitration Agreement. Unless otherwise agreed to, all
arbitration proceedings shall be held in English. This Arbitration
Agreement applies to you and the Company, and to any subsidiaries, affiliates,
agents, employees, predecessors in interest, successors, and assigns, as well
as all authorized or unauthorized users or beneficiaries of services or goods
provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before
either party may seek arbitration, the party must first send to the other party
a written Notice of Dispute describing the nature and basis of the claim or
dispute, and the requested relief. A Notice to the Company should be sent
to: Gb 28 Mansarovar complex near habibganj railway station. After the Notice
is received, you and the Company may attempt to resolve the claim or dispute
informally. If you and the Company do not resolve the claim or dispute
within thirty (30) days after the Notice is received, either party may begin an
arbitration proceeding. The amount of any settlement offer made by any
party may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award to which either party is entitled.
Arbitration Rules, Arbitration shall be initiated
through the American Arbitration Association, an established alternative
dispute resolution provider that offers arbitration as set forth in this
section. If AAA is not available to arbitrate, the parties shall agree to
select an alternative ADR Provider. The rules of the ADR Provider shall
govern all aspects of the arbitration except to the extent such rules are in
conflict with the Terms. The AAA Consumer Arbitration Rules governing the
arbitration are available online at adr.org or by calling the AAA at
1-800-778-7879. The arbitration shall be conducted by a single, neutral
arbitrator. Any claims or disputes where the total amount of the award
sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved
through binding non-appearance-based arbitration, at the option of the party
seeking relief. For claims or disputes where the total amount of the
award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to
a hearing will be determined by the Arbitration Rules. Any hearing will
be held in a location within 100 miles of your residence, unless you reside
outside of the United States, and unless the parties agree otherwise. If
you reside outside of the U.S., the arbitrator shall give the parties
reasonable notice of the date, time and place of any oral hearings. Any
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. If the arbitrator grants you an award that is
greater than the last settlement offer that the Company made to you prior to
the initiation of arbitration, the Company will pay you the greater of the
award or $2,500.00. Each party shall bear its own costs and disbursements
arising out of the arbitration and shall pay an equal share of the fees and
costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If
non-appearance based arbitration is elected, the arbitration shall be conducted
by telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The
arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
Time Limits, If you or the Company pursues arbitration,
the arbitration action must be initiated and/or demanded within the statute of
limitations and within any deadline imposed under the AAA Rules for the
pertinent claim.
Authority of Arbitrator, If arbitration is initiated,
the arbitrator will decide the rights and liabilities of you and the Company,
and the dispute will not be consolidated with any other matters or joined with
any other cases or parties. The arbitrator shall have the authority to
grant motions dispositive of all or part of any claim. The arbitrator
shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law,
the AAA Rules, and the Terms. The arbitrator shall issue a written award
and statement of decision describing the essential findings and conclusions on
which the award is based. The arbitrator has the same authority to award
relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial, THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration procedures
are typically more limited, more efficient and less expensive than rules
applicable in a court and are subject to very limited review by a court.
In the event any litigation should arise between you and the Company in any
state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions, All claims and
disputes within the scope of this arbitration agreement must be arbitrated or
litigated on an individual basis and not on a class basis, and claims of more
than one customer or user cannot be arbitrated or litigated jointly or
consolidated with those of any other customer or user.
Confidentiality, All aspects of the arbitration
proceeding shall be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
Severability, If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive, Any or all of the rights and limitations set
forth in this Arbitration Agreement may be waived by the party against whom the
claim is asserted. Such waiver shall not waive or affect any other
portion of this Arbitration Agreement.
Survival of Agreement, This Arbitration Agreement will
survive the termination of your relationship with Company.
Small Claims Court, Nonetheless the foregoing, either
you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief, Anyhow the foregoing,
either party may seek emergency equitable relief before a state or federal
court in order to maintain the status quo pending arbitration. A request
for interim measures shall not be deemed a waiver of any other rights or
obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the
foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act,
and infringement or misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration
Agreement permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within Netherlands
County, California, for such purposes.
The Site may be subject to U.S. export control laws and may
be subject to export or import regulations in other countries. You agree not to
export, re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation of the
United States export laws or regulations.
Company is located at the address in Section 10.8. If you
are a California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications, The communications between you
and Company use electronic means, whether you use the Site or send us emails,
or whether Company posts notices on the Site or communicates with you via
email. For contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Company
provides to you electronically satisfy any legal obligation that such
communications would satisfy if it were be in a hard copy writing.
Entire Terms, These Terms constitute the entire agreement
between you and us regarding the use of the Site. Our failure to exercise or
enforce any right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. The word "including"
means "including without limitation". If any provision of these Terms
is held to be invalid or unenforceable, the other provisions of these Terms
will be unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent permitted by
law. Your relationship to Company is that of an independent contractor,
and neither party is an agent or partner of the other. These Terms, and
your rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company’s prior written
consent, and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may freely
assign these Terms. The terms and conditions set forth in these Terms
shall be binding upon assignees.
Your
Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All
rights reserved. All trademarks, logos and service marks displayed on the
Site are our property or the property of other third-parties. You are not
permitted to use these Marks without our prior written consent or the consent
of such third party which may own the Marks.
Contact
Information
Address: Gb 28
Mansarovar complex near habibganj railway station
Email:
belearofficial@gmail.com
