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These Terms of Use govern your use of the Intellibeat
service and Web site. By using, visiting, or browsing the Intellibeat Web site,
you accept and agree to be bound by these Terms of Use. If you do not agree to
these Terms of Use, you should not use the Intellibeat service or Web site.
These Terms of Use are an ongoing contract between you
and Intellibeat and apply to your use of the Intellibeat service and Web site.
These Terms of Use affect your rights and you should read them carefully.
Intellibeat, Inc., reserves the right, from time to time,
with or without notice to you, to change these Terms of Use in our sole and
absolute discretion. The most current version of these Terms of Use can be
reviewed by clicking on the "Terms of Use" located at the bottom of
the pages of the Intellibeat Web site. The most current version of the Terms of
Use will supersede all previous versions. Your use of the Intellibeat Web site
or continued use of our service after changes are made means that you agree to
be bound by such changes.
Any information submitted on the Intellibeat Web site is
subject to our Privacy Policy, the terms of which are incorporated herein.
Please review our Privacy Policy to understand our practices. The date of any
changes to our Privacy Policy will be noted at the bottom of our Privacy
Policy.
Intellibeat is a radio station which webcasts Christian
music. We offer an optional online
subscription service providing its members with access to monthly music
recommendations which can in turn be downloaded through iTunes. Our most
popular subscription plan allows subscribers to download three titles a month.
We offer a number of other subscription plans at varying price levels,
including special promotional plans or subscriptions with limitations on the
music recommendations during a month. Under all plans, titles are screened for
Christian lyrics and are recommended according to user specified preferences.
Below is a description concerning the operation of our
optional subscription service. We reserve the right in our sole and absolute
discretion to make changes from time to time and without notice in how we
operate our service.
* The Digital Downloads You Receive
A large majority of our subscribers receive 3 digital
downloads per month through our iTunes affiliation. We provide a number of
different subscription plans to accommodate a variety of music preferences.
Click on the 'My Account' link, located at the top of the pages of the secured
area of the Intellibeat Web site and see "Change Your Subscription"
for details on the various plans we offer. You may modify your plan in the
Subscription section of "My Account" if your current plan is not
satisfying your needs.
You can find the specific details regarding your
subscription with Intellibeat at anytime by clicking on the "My
Account" link, located at the top of the pages of the Intellibeat Web
site.
* Free Trials
We encourage the use of our service through free trials.
Free trials last for 30 days for eligible new subscribers. To view the specific
details regarding your free trial, if any, click on the "My Account"
link located at the top of the secured Intellibeat Web site and click
"Change Your Subscription."
Free trials are only available to first time customers of
the Intellibeat service and cannot be combined with any other offer. Only one
free trial may be redeemed per iTunes account. You must have Internet access
and a valid PayPal account ("Payment Method") to redeem a free trial
offer. In some instances, your available PayPal balance may reflect the
authorization; however, no charges will be made against the Payment Method
unless you do not cancel prior to the end of your one month free trial period.
We will begin billing your Payment Method for monthly
subscription fees corresponding to your subscription plan plus any applicable
tax at the end of your free trial period unless you cancel prior to the end of
your free trial. Monthly subscription
fees are billed quarterly. To view the specific details of your subscription
plan, including price and end date of your free trial period, log into your
PayPal account and review your subscription. You will not receive a notice from
us that your free trial has ended or that your paying subscription has begun.
YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO
YOUR PAYMENT METHOD. CLICK THE "My Account" LINK AT THE TOP OF THE
SECURED AREA OF THE INTELLIBEAT WEB SITE FOR CANCELLATION INSTRUCTIONS. We will
continue to bill your Payment Method on a quarterly basis for your subscription
plan until you cancel. You may cancel your subscription at anytime. We reserve
the right to modify, terminate or otherwise amend our offered subscription
plans. Unless otherwise stated differently, month or monthly refers to your
billing cycle (See "Billing" below).
* Billing
By using the Intellibeat service, you are expressly
agreeing that we are permitted to bill you a monthly subscription fee through
your PayPal account, any applicable tax and any other charges you may incur in
connection with your use of the Intellibeat service. Additional charges may
include gift subscription purchases you make or service level changes you request.
As used in these Terms of Use, "billing" shall indicate a charge on
your PayPal account. The subscription fee will be billed at the beginning of
your subscription and every three months thereafter unless and until you cancel
your membership. Click on the "Subscription Terms" link on the
"My Account" page to see the commencement date for your next renewal
period. We will automatically bill your Payment Method each quarterly period on
the calendar day corresponding to the commencement of your membership. In the
event your membership began on a day not contained in a given month, we will
bill your Payment Method on the last day of such month. For example, if you
became a paying subscriber on January 31st, your Payment Method would next be
billed on February 28th. All fees and charges are nonrefundable once you have
downloaded your digital media for the month.
We may change the fees and charges in effect, or add new fees and
charges from time to time, but we will give you advance notice of these changes
by e-mail.
* Automatic Renewals
Your Intellibeat subscription will be automatically
renewed on a quarterly basis. We will bill the monthly subscription fees plus
any applicable tax to the Payment Method you provide to us during registration
(or to a different Payment Method if you change your account information). Your
membership will automatically renew for successive quarterly subscriptions,
without prior notice to you, unless and until you cancel your membership or we
terminate it. You must cancel your membership before it renews each month in
order to avoid billing of the next quarter's subscription fees to your Payment
Method.
* Cancellation
You may cancel your subscription to Intellibeat at
anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE
REFUNDS OR CREDITS FOR ANY SUBSCRIPTION PERIODS IN WHICH DOWNLOADS HAVE BEEN
INITIATED THROUGH THE INTELLIBEAT WEBSITE. To cancel, click "Change Your
Subscription" on the "My Account" page and follow the
instructions for cancellation.
We reserve the right to terminate your account for any or
no reason.
In order to provide you with ease of access to your
account, Intellibeat will place a cookie (a small text file) on any computer
from which you access the Intellibeat Web site. When you revisit the
Intellibeat web site, this cookie will enable us to recognize you as the
account holder and provide you with direct access to your account without
requiring you to retype any password or other user identification. You are
responsible for updating and maintaining the truth and accuracy of the
information you provide to us relating to your account.
You are also responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer or mobile device. You may choose to share your account with other
people by providing them your password. However, if you decide to share your
account with other people, you take full responsibility for their actions.
Users of public or shared computers or unprotected mobile devices should log
out at the completion of each visit to the Intellibeat Web site.
If you find that you're a victim of identity theft and it
involves an Intellibeat account, you should notify customer service. Then, you
should report this instance to all your credit card issuers, as well as your
local law enforcement agency. Intellibeat reserves the right to place any
account on hold anytime with or without notification to the subscriber in order
to protect itself and its partners from what it believes to be fraudulent
activity. Intellibeat is not obligated to credit or discount a membership for
holds placed on the account by either a representative of Intellibeat or by the
automated processes of Intellibeat.
The Intellibeat service and Web site and its contents are
provided "as is" and we make no representations or warranties of any
kind with respect to the Intellibeat Web site, its contents or our service. We
assume no liability or responsibility for any errors or omissions in the
content of the Intellibeat Web site, any failures, delays, or interruptions in
the delivery of downloads, delivery of any content contained on the Intellibeat
Web site, any losses or damages arising from the use of the content provided on
the Intellibeat Web site, or any conduct by users of the Intellibeat service or
Web site. We reserve the right initiate downloads in our sole and absolute
discretion. We disclaim all representations and warranties, including, for
example, warranties of merchantability, fitness for a particular purpose, and
non-infringement. In addition, we do not represent or warrant that the
information accessible via our site is accurate, complete or current.
In no event shall Intellibeat, Inc., its shareholders,
directors, officers, or employees be liable (jointly or severally) to you for
any special, incidental, indirect or consequential damages of any kind, or any
damages whatsoever resulting from loss of use, data or profits, whether or not
advised of the possibility of damage, and on any theory of liability, arising
out of or in connection with the use or performance of the Intellibeat Web
site, its contents or our service. If any applicable authority holds any portion
of this section to be unenforceable, then liability will be limited to the
fullest possible extent permitted by applicable law.
* Copyright
All content included on the Intellibeat Web site and
delivered to subscribers as part of the service, including text, graphics,
logos, designs, photographs, button icons, images, audio/video clips, digital
downloads, data compilations, and software, is the property of Intellibeat,
Inc., or its suppliers and is protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of Intellibeat, Inc., and protected by U.S. and international
copyright laws. Content shall not be reproduced or used without express written
permission from Intellibeat, Inc., or its suppliers. You agree not to
decompile, reverse engineer or disassemble any software or other products or
processes accessible through the Intellibeat Web site, not to insert any code
or product or manipulate the content of the Intellibeat Web site in any way
that affects the user's experience, and not to use any data mining, data
gathering or extraction method. Intellibeat reserves the right to terminate
your membership hereunder if Intellibeat, in its sole and absolute discretion,
believes that you are in violation of this paragraph, such violations including
the recording of our webcast, copying of digital downloads or the copying or
other unauthorized use of our proprietary content. Intellibeat does not
promote, foster or condone the recording of webcasts, copying of digital
downloads or any other infringing activity. The use of our webcast and digital
downloads is solely for your personal use. Please see the instructions at the
end of these Terms of Use for notifying us of the presence of any allegedly
infringing content on the Intellibeat Web site.
* Trademarks
Intellibeat is a registered trademark of Intellibeat,
Inc. The Intellibeat logo and Intellibeat.com are trademarks or service marks
of Intellibeat, Inc. The Intellibeat Web site, including but not limited to its
graphics, logos, page headers, button icons, scripts and service names
constitute trade dress of Intellibeat, Inc. The trademarks, service marks and
trade dress of Intellibeat may not be used or reproduced without prior written
approval from Intellibeat, Inc. and may not be used in connection with any
product or service that is not affiliated with Intellibeat, in any manner that
is likely to cause confusion among customers, in any manner that dilutes the rights
of Intellibeat, or in any manner that disparages or discredits Intellibeat.
Other trademarks that appear on the Intellibeat Web site are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by Intellibeat. Any images of persons or personalities contained
on the Intellibeat Web site are not an indication or endorsement of Intellibeat
or any particular product or our service unless otherwise indicated.
* Patents
Intellibeat will submit patents pending that apply to the
Intellibeat Web site and our operations.
We recommendation digital downloads and we reserve the
right to display and promote the music entertainment or other information on
our Web site to you in any manner we choose in our sole and absolute
discretion. In addition, the Intellibeat Web site allows you and other third
parties to post reviews or comments concerning the entertainment distributed by
us. Any opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available by third
parties on the Intellibeat Web site are those of the respective authors or
producers and not of Intellibeat, Inc., or its shareholders, directors,
officers, or employees. Under no circumstances shall Intellibeat, Inc., or its
shareholders, directors, officers, directors, or employees be held liable for
any loss or damage caused by your reliance on information obtained through the
Intellibeat Web site. It is your responsibility to evaluate the information,
opinion, advice, or other content available through the Intellibeat Web site.
Intellibeat, Inc., is free to use any comments,
information, ideas, concepts, reviews, or techniques or any other material
contained in any communication you may send to Intellibeat
("Content"), including, without limitation, responses to
questionnaires or through postings to the Intellibeat Web site without further
compensation, acknowledgement or payment to you for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing products
and creating, modifying or improving the Intellibeat Web site or other Web
sites. Furthermore, by posting any Content on our site, submitting Content to
us, or in responding to questionnaires, you grant us a perpetual,
non-exclusive, royalty-free irrevocable license and right to display, use,
reproduce or modify the Content submitted in any media, software or technology
of any kind now existing or developed in the future.
Please note Intellibeat does not accept unsolicited
materials or ideas for use or publication, and is not responsible for the
similarity of any of its content or recommendations in any media to materials
or ideas transmitted to Intellibeat. Should you send any unsolicited materials
or ideas, you do so with the understanding no additional consideration of any
sort will be provided to you, and you are waiving any claim against Intellibeat
and its affiliates regarding the use of such materials and ideas, even if
material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our
service, including service levels, plans, promotions and pricing, and we reserve
the right to include you in or exclude you from these tests without notice.
By using the Intellibeat service, you consent to
receiving electronic communications from Intellibeat. These communications will
include notices about your account (e.g., receiving e-mails and other
transactional information) and information concerning or related to our
service, such as featured digital music downloads or other entertainment
information or offerings. These communications are part of your relationship
with Intellibeat and you receive them as part of the Intellibeat subscription.
You agree that any notice, agreements, disclosure or other communications that
we send to you electronically will satisfy any legal communication requirements,
including that such communications be in writing.
By accessing the Intellibeat Web site, you agree not to
upload, post, e-mail or otherwise send or transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment associated with the Intellibeat Web
site. You also agree not to interfere with the servers or networks connected to
the Intellibeat Web site or to violate any of the procedures, policies or
regulations of networks connected to the Intellibeat Web site, the terms of
which are incorporated herein. You also agree not to impersonate any other person
while using the Intellibeat Web site, conduct yourself in a vulgar or offensive
manner while using our service, or use the Intellibeat Web site for any
unlawful purpose.
You must be 18 years of age or older to subscribe to the
Intellibeat service. While individuals under the age of 18 may utilize the
service, they may do so only with the involvement of a parent or legal
guardian. While Intellibeat does distribute products that may be listened to by
children, we do not intentionally seek to collect information from individuals
13 years of age and younger (see also "Profiles" below). Unless
otherwise specified, the content on the Intellibeat Web site is for your
personal use and we grant you a limited license to access the Intellibeat Web
site for that purpose. You may not download (other than through page caching
necessary for personal use), modify, copy, distribute, transmit, display,
perform, reproduce, duplicate, publish, license, create derivative works from,
or offer for sale any information contained on, or obtained from, the
Intellibeat Web site without our express written consent. Intellibeat does not
promote, foster or condone the recording of webcasts, copying of digital
downloads or any other infringing activity. Any unauthorized use of the
Intellibeat Web site or its contents will terminate the limited license granted
by us.
* RSS Feeds
We offer RSS feeds as a convenient way to pass
information about your Intellibeat account or that is publicly available on the
Intellibeat site to your RSS reader or an RSS-associated website of your
choice. RSS stands for Really Simple Syndication. It allows information to be
published in a standard XML format that can be accessed via a URL. By using the
Intellibeat RSS feeds you acknowledge and agree to the following: (i) if you
use the personalized RSS feeds relating to your own Intellibeat account, you
are consenting to the information about your account being transferred to the
location of the RSS feed as enabled by you; (ii) while Intellibeat will not
pass personally identifying information in the feed, your use may cause such
information to be associated with you (it is your responsibility to handle the
feed and your personal information associated with it as you deem appropriate);
(iii) you shall not modify the feeds in any way, including the associated
attribution to Intellibeat; (iv) use of the Intellibeat RSS feeds is for your
personal, non-commercial use and is at your own option and risk. Intellibeat
makes no representation or warranty regarding its RSS feeds and reserves the
right to modify or terminate the feeds at any time without notice.
* Member Reviews
We permit you to post reviews on the Intellibeat Web
site. By submitting a review, you agree to the terms hereunder and acknowledge
that such postings and all information therein will be posted on our Web site.
In posting such content, you agree not to use a false e-mail address or
otherwise mislead us or others regarding the origin of such content. However,
the use of a pseudonym that will be publicly displayed with the review is
permitted so long as it is individualized and not otherwise misleading. We do
not regularly review the content posted on the Intellibeat Web site; however,
we reserve the right to reject, remove or edit such content at anytime without
notice. Reviews should not be posted that contain: harsh, profane or
discriminatory language; illegal, obscene, threatening, defamatory or otherwise
objectionable content; URLs, phone numbers, mailing or e-mail addresses,
personal attacks on the movie's creative personnel; or a discussion of
Intellibeat policies or services.
We reserve the right to terminate or restrict your use of
our service, without notice, for any or no reason whatsoever.
Some of the hyperlinks and banners on the Intellibeat Web
site may lead to other Web sites that are not controlled by, or affiliated
with, Intellibeat, Inc. In addition, other Web sites may link to the
Intellibeat Web site. Intellibeat has not reviewed these Web sites and is not
responsible for the content or privacy policies of these Web sites.
We offer for
sale on the Intellibeat Web site various Gift Subscriptions redeemable for the
Intellibeat service. We will automatically bill your Payment Method for any
purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to
the terms and conditions set forth on the "Gift Subscription Purchase"
page, and the redemption of Gift Subscriptions is subject to the terms and
conditions set forth on the "Gift Subscription Redemption" page.
It is the policy of Intellibeat to respect the
intellectual property rights of others. Intellibeat does not promote, foster or
condone the recording of webcasts, copying of digital downloads or any other
infringing activity. If you believe your work has been copied in a way that
constitutes copyright infringement, are aware of any infringing material on the
Intellibeat Web site, or know of someone who is making unauthorized use of the
content of the Intellibeat Web site, please notify us of your concern by
submitting a written notice to us at the following address:
Intellibeat, Inc.
6728 Green River Suite H
Littleton, CO 80130
Your notice must be signed and contain the following:
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to
have been infringed;
(iii) Identification of the material on the Intellibeat
Web site that is claimed to be infringing, and information reasonably
sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to
contact you, such as your address, telephone number, and, if available, your
e-mail address;
(v) A statement that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate,
and under penalty of perjury, that you are, or are authorized to act on behalf
of, the owner of the copyright that is allegedly infringed.
Our copyright notice email address is
Intellibeat-support@[ourdomainname].com. Please note, however, that in order
for your notice to us to be effective under the Digital Millennium Copyright
Act, your notice must be in writing and contain the elements described above.
We will not be able to respond to any customer service or other issues through
this email address. For inquiries whic are not related to copyright matters,
please see other ways to contact us.
You and Intellibeat agree that the Douglas County Court
of Colorado shall have exclusive jurisdiction over any dispute between you and
Intellibeat relating in any way to the Intellibeat service or Web site or these
Terms of Use. You and Intellibeat expressly and irrevocably consent to personal
jurisdiction and venue in these courts.
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