1. The Bleep Store.
BLEEP is the provider of the Bleep Download Service that permits you to purchase downloads of digital content including without limitation sound recordings, audio-visual material, software and data files -under certain terms and conditions as set forth in this Agreement. BLEEP also provides internet-based retail sales of physical music products, merchandise, tickets and various other products. Collectively these services are known as the Bleep Store.
2. Age requirements for use of the Bleep Store.
This Bleep Store is available for individuals aged 18 years or older. If you are under 18, you may use this Bleep Store only with the involvement of a parent or guardian.
3. Objectionable Material.
You understand that by using the Bleep Store, 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 Bleep Store at your sole risk and that BLEEP shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
4. Policies and Rules.
Your use of the Bleep Store and purchases made through it are subject to BLEEP's Sales Policy below and any end-user agreements or other terms and conditions required for use of the Bleep Store, all of which are hereby made a part of this Agreement. If you have not already read BLEEP's Sales Policy, you should do so now.
6. Your Information.
You agree to provide accurate, current, and complete information required to register with the Bleep Store and at other points as may be required in the course of using the Bleep Store ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BLEEP may terminate your rights to any or all of the Bleep Store if any information you provide is false, inaccurate or incomplete. You agree that BLEEP may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
7. User Account and Security.
a. Account and Password.
As a registered user of the Bleep Store, 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 BLEEP of any unauthorized use of your Account or any other breach of security. BLEEP shall not be responsible for any losses arising out of the unauthorized use of your Account.
You understand that the Bleep Store, and products purchased through the Bleep Store, such as sound recordings and related artwork ("Products"), are protected by Copyright law and limits your usage of Products to certain usage rules established by BLEEP ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by BLEEP for compliance purposes, and BLEEP reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Bleep Store by any means other than through the website that is provided by BLEEP for accessing the Bleep Store. You shall not access or attempt to access an Account that you are not authorised to access. You agree not to modify the website in any manner or form, for any purposes including obtaining unauthorized access to the Bleep Store. Violations of system or network security may result in civil or criminal liability.
8. Agreement to Pay.
a.Payment for Products.
You agree to pay for all Products you purchase through the Bleep Store, and that BLEEP may charge you 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 BLEEP WITH A VALID CREDIT CARD OR OTHER VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment method you designate during the registration and purchase process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online at the Account Info section of the Bleep Store. (There may be a temporary disruption of your access to the Bleep Store until BLEEP can verify the validity of the new credit card information.)
b. Right to Change Prices and Availability of Products.
Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts.
Your use of the Bleep Store includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
9. Intellectual Property.
a. Acknowledgement of Ownership.
You agree that the Bleep Store, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by BLEEP 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 Bleep Store in compliance with the terms of this Agreement. No portion of the Bleep Store 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 Bleep Store, in any manner, and you shall not exploit the Bleep Store in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of BLEEP Content or Other Materials.
Notwithstanding any other provision of this Agreement, BLEEP 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 Bleep Store at any time without notice. In no event will BLEEP be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. BLEEP may also impose limits on the use of or access to certain features or portions of the Bleep Store, in any case and without notice or liability.
All copyrights in and to the Bleep Store, including but not limited to, the Bleep website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by BLEEP and/or its licensors. THE USE OF THE WEBSITE OR ANY PART OF THE BLEEP STORE, EXCEPT FOR USE OF THE BLEEP STORE AS PERMITTED IN THESE TERMS OF BLEEP STORE, 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.
BLEEP, the BLEEP logo, Bleep, the Bleep logo, and other BLEEP trademarks, service marks, graphics, and logos used in connection with the Bleep Store are trademarks or registered trademarks of BLEEP Limited in the United Kingdom, Europe, the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Bleep Store may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
a. Termination by BLEEP. If you fail, or BLEEP 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 BLEEP with a valid credit card or other payment method or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, BLEEP, 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 preclude access to the Bleep Store (or any part thereof).
b. Termination of the Bleep Store.
BLEEP reserves the right to modify, suspend, or discontinue the Bleep Store (or any part or content thereof) at any time with or without notice to you, and BLEEP will not be liable to you or to any third party should it exercise such rights.
11. General Compliance with Laws.
The laws of the United Kingdom, govern these Terms and your use of the Bleep Store. Your use of the Bleep Store may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BLEEP or relating in any way to your use of the Bleep Store resides in the courts of the United Kingdom.
12. Enforcement of These Terms.
BLEEP reserves the right to takes steps BLEEP believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BLEEP's right to cooperate with any legal process relating to your use of the Bleep Store and/or Products, and/or a third party claim that your use of the Bleep Store and/or Products is unlawful and/or infringes such third party's rights). You agree that BLEEP 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 BLEEP believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BLEEP's right to cooperate with any legal process relating to your use of the Bleep Store and/or Products, and/or a third party claim that your use of the Bleep Store and/or Products is unlawful and/or infringes such third party's rights).
13. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the Bleep Store may include materials from third parties. In addition, BLEEP may provide links to certain third party websites. You acknowledge and agree that BLEEP is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. BLEEP does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
14. Disclaimer of Warranties; Liability Limitations.
a. BLEEP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BLEEP STORE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BLEEP MAY REMOVE THE BLEEP STORE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE BLEEP STORE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE BLEEP STORE IS AT YOUR SOLE RISK. THE BLEEP STORE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE BLEEP STORE ARE (EXCEPT AS EXPRESSLY STATED BY BLEEP) 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 BLEEP, 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 BLEEP STORE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR JURISDICTIONS, BLEEP'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. BLEEP 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 BLEEP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. BLEEP DOES NOT REPRESENT OR GUARANTEE THAT THE BLEEP STORE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BLEEP DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
15. Waiver and Indemnity.
BY USING THE BLEEP STORE, YOU AGREE TO INDEMNIFY AND HOLD BLEEP, 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 BLEEP STORE, OR ANY ACTION TAKEN BY BLEEP 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 BLEEP, 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 BLEEP STORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BLEEP'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.
BLEEP 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 Bleep Store. 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 Bleep Store 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.
BLEEP may send you notice with respect to the Bleep Store by sending an email message to the email address listed in your Bleep Account contact information, by sending a letter via postal mail to the contact address listed in your Bleep Account contact information, or by a posting on the Bleep website. Notices shall become effective immediately.
These Terms of Bleep Store constitute the entire agreement between you and BLEEP and govern your use of the Bleep Store, superseding any prior agreements between you and BLEEP. 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 Bleep Store 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. BLEEP's failure to enforce any right or provisions in these Terms of Bleep Store will not constitute a waiver of such provision, or any other provision of these Terms of Bleep Store. 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. BLEEP will not be responsible for failures to fulfill any obligations due to causes beyond its control.