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Terms and ConditionsLast updated: September 23, 2019 Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.letsbeef.com website, User action, User Content and any naturally or derivatively arising action or services (the "Service/s") operated and owned by LetsBeef.com (“LetsBeef”, "us", "we", or "our"). These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing and using our Services you agree to accept and be subject to these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. LetsBeef reserves the right, at its discretion, to update and change these Terms of Use. LetsBeef may notify you of changes by email, or through your account. You will be responsible for reviewing and becoming familiar with any such modifications. Continued use of LetsBeef’s Platform and/or Services after such change constitutes acceptance of such changes. LetsBeef Platform and/or Service is an independent, neutral, online, software platform for Users to post, reply, comment, rate, compete, and interact with User Content and Users. User AccountsWhen you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. User Access PolicyYou are directly responsible for all of the activities associated with accessing and utilizing LetsBeef’s platform and/or services. The following activities are strictly prohibited:
User CommunicationsBy creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications at any time by following the unsubscribe link or instructions provided in any communications we send. User ContentAny and all text, graphics, images, videos, audio, url addresses, links or other material that you, the User, posts or otherwise publishes on our online service (the "User Content"). User Content Grant to LetsBeefBy posting or publishing User Content using the Service you grant LetsBeef the irrevocable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You agree that this grant/license includes the right for us to make User Content available to other users of the Service, who may also use your Content subject to these Terms. LetsBeef has the right but not the obligation to monitor User Content. Users are acknowledging, by their use of LetsBeef that they agree that they are participating in an open, and unmanaged forum. Users represent and warrant that they accept all risks related to or arising out of participating in a public, online forum. All content found on or through this Service are the property of LetsBeef or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. User Account DeletionA User Profile may be deleted at the sole discretion of LetsBeef. A User may request to delete a User Profile by opening a support ticket at support@letsbeef.com. Waiting Period. A User Account deleted by the User will initially enter a “Waiting Period” of 48 hours. During the “Waiting Period”, the User may elect to cancel the account deletion at any time. Hard Deleted. After the “Waiting Period” has expired the user account will be automatically Hard Deleted. A Hard Deleted User Account can no longer be revived. All User Content remains subject to the Terms, and may be searched, used, exploited by LetsBeef in any way. At LetsBeef’s sole discretion, LetsBeef may elect to attribute content to the original User. User DataAny User Content, usage, action, post, comment, suggestion, or feedback made on, published, or relating to the Platform and/or the Services (collectively "User Data") shall always remain the property of User. LetsBeef may use, distribute, monetize, or otherwise exploit any and all User Data. Any User Data may be sanitized of personal or private information and used in the aggregate. User Data may be used to modify our future Site, Platform, Services, Content, or operations. Without limitation, LetsBeef will be deemed to have a perpetual license to exploit in any manner all User Data of every kind and nature everywhere. Content PolicyLetsBeef is a platform for Users to discuss, connect, share, comment, compete in an open environment, their original content in an online “battle” format. The nature of this content might be funny, serious, offensive, or anywhere in between. While participating, it’s important to keep in mind the core purpose of LetsBeef is for persons to post and interact with positive and negative critique of any User Data. By participating on LetsBeef the User acknowledges, understands, and accepts the combative, aggressive, sometimes pejorative language used in this context. As a policy, LetsBeef does not mediate content or intervene in disputes between Users. However, targeted abuse or harassment may constitute a violation of these Terms. LetsBeef reserves immediate and unrestricted right to monitor and delete User Data, but does not owe any duty to monitor or delete User Data. Immediate suspension or account deletion from LetsBeef may result from any of the following: the posting of pornography; remarks which are sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive; or vulgar which discuss or illustrate illegal activity; provide links to sites that contain any of the afewmentioned; or otherwise breach the Terms herein. Engage in Good FaithLetsBeef is a community based in “rap battles”. The nature of this interaction is sometimes combative, aggressive, and pejorative. ModeratorsModerating LetsBeef User Content/Comments is an unofficial, voluntary position that may be available to users of LetsBeef. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason. Moderator GuidelinesIf you choose to volunteer to be a moderator, you agree to the following:
Intellectual Property Ownership and PolicyLETSBEEF TAKES INTELLECTUAL PROPERTY RIGHTS SERIOUSLY AND WILL PURSUE THEM IN RELIANCE TO A GOOD FAITH REPRESENTATION. KNOWINGLY MISREPRESENTING THAT MATERIAL IS OR IS NOT INFRINGING MAY SUBJECT YOU TO CIVIL PENALTIES THAT MIGHT INCLUDE MONEY DAMAGES, COURT AND ATTORNEY FEES BY PARTIES. User is solely responsible for all User Content User uploads to LetsBeef’s Platform and/or Services. By uploading any content, User warrant that you are the original owner of said content or have the right to grant LetsBeef the license to display, use, and distribute said content. User also represent and warrant that your uploaded content does not violate any rights of any person, company, or entity including but not limited to copyrights, contract rights, publicity rights, privacy rights, and does not violate the confidentiality of any person, company, or entity. LetsBeef’s Website, Platform, Services, Content, and User Data may be protected by patents, copyrights, trademarks, service marks, and/or other proprietary rights and laws of the U.S. and other countries. User agree to abide by all proprietary rights and restrictions contained in these Term and Conditions. LetsBeef owns all right, title, and interest in and to LetsBeef’s Platform and/or Services. These Terms and Conditions grants User no right, title, or interest in any intellectual property owned or licensed by LetsBeef, including (but not limited to) LetsBeef, LetsBeef’s Platform, the website: www.letsbeef.com, LetsBeef’s Services, LetsBeef’s User Data, and LetsBeef’s intellectual property. LETSBEEF RESERVES THE RIGHT TO PURSUE IN A CIVIL OR EQUITY ACTION ANY INFRINGEMENT OF LETSBEEF’S INTELLECTUAL PROPERTY RIGHTS Copying or storing of any LetsBeef content or User Content for any reason other than personal and/or noncommercial use is strictly prohibited without the prior written consent from an authorized executive of LetsBeef. You warrant that you shall abide by all copyright notices, information, and restrictions contained in these Terms of Use as well as any Content accessed through the LetsBeef’s Platform and/or Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided immediately above), create derivative works based on, distribute, perform, display, or in any way exploit, any of LetsBeef’s Content, User Content, materials, LetsBeef’s Platform, and/or Services in whole or in part. It is LetsBeef’s policy to respect and protect the copyright and intellectual property rights of others. If LetsBeef is informed of a potential infringement, the content may be immediately removed. Upon LetsBeef’s request, you will provide the Company with all materials, information, and documentation needed to verify your compliance with these Terms of Use. Further, you agree per the Terms of Use, LetsBeef has no duty to protect your intellectual property interests in any and all User Content if there should be any. In addition, LetsBeef may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Reporting Copyright and Other Intellectual Property ViolationsIf you are the verifiable owner of a property right that is potentially being used improperly, please notify us at support@letsbeef.com with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims". DMCA Notice and Procedure for Copyright Infringement ClaimsYou may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
LETSBEEF PropertyThe Service and its original content (excluding and User Content not subject to these Terms), features and functionality are and will remain the exclusive property of LetsBeef and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LetsBeef. Links To Other WebsitesOur Service may contain links to third party web sites or services that are not owned or controlled by LetsBeef.com. LetsBeef.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that LetsBeef.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. TerminationWe may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. In the event that LetsBeef deletes a User Account, LetsBeef shall have sole discretion as to delete a User at will. LetsBeef owes no duty of notice or cure to User. If you wish to terminate your account, you may simply discontinue using the Service or follow the guidelines in “User Account Deletion” to delete your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. IndemnificationUser agrees to defend, indemnify and hold harmless LetsBeef.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service. Limitation Of LiabilityIn no event shall LetsBeef.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Payment for ServicesBasic access to LetsBeef is free-of-charge. We may offer a number of upgrades available for on-site purchase. Any and all payments for upgrades are due at the time of upgrade. All fees are published and includes all applicable processing fees and taxes (as may be required). Though we use current technology to process payments, no method of transmission over the Internet, or method of electronic payment, is 100% accurate. We cannot guarantee its total accuracy. Any error in payments will not constitute a breach of the Terms. LetsBeef will use commercially reasonable means to remedy the situation should such a situation should arise. LetsBeef keeps no payment processing information. Our third-party payment processing service is Stripe. We incorporate any and all Terms and Conditions as well as the Privacy Policy of Stripe when processing payments. To view please go to: https://stripe.com/us/privacy DisclaimerYour use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. In no event shall LetsBeef.com be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. LetsBeef.com reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. LetsBeef.com its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. ExclusionsSome jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Contact UsIf you have any questions about these Terms, please contact us by email: support@letsbeef.com |
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