PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AS A USER OF PRODUCTS AND SERVICES OF WRKSHP, INC. (“WRKSHP”).
The license granted to you and your use of the Service is subject to certain restrictions. Any use of the Service in violation of the following restrictions is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 2.1, and may subject you to liability for violations of law.
You have the right to terminate or cancel your Account at any time by contacting support at http://support.beatfever.com.
Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete your Account or access to the Service (or any portion thereof) at any time if we have reason to suspect you are failing to comply with any of the Terms, with or without notice to you. If we terminate your Account, you may lose your username as well as any benefits, privileges, earned and purchased items, or any other content associated with your Account, and we are under no obligation to compensate you for any such losses or results.
In the event of termination, no online content or credits will be provided to you or reimbursed, and you will have no further access to your Account or anything within the Service associated with it (including all in-game virtual currency or in-game items or points). Under no circumstances shall WRKSHP be responsible for storing any such Account and other information following suspension, termination, modification, or deletion of your Account or access to the Service.
WRKSHP reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, WRKSHP shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Service.
All materials that are part of the Service (including, but not limited to, games, designs, text, graphics, pictures, animations, video, information, computer code, music, sound, and other files, and their selection and arrangement) are copyrighted works owned by WRKSHP. WRKSHP reserves all intellectual property rights and other proprietary rights in connection with the Service.
You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by WRKSHP. WRKSHP reserves the right to remove or reclaim any usernames at any time and for any reason.
While using the Service, you may have the opportunity to “earn,” "buy," or "purchase" (a) virtual currency, including, but not limited to, virtual “gold” and “gems,” all for use only in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"). However, you acknowledge that you do not acquire any real-world ownership interest whatsoever in any such items. Any Virtual Items shown in your Account do not constitute a real-world balance or reflect any stored value, but instead constitute a measurement of the extent of your license. The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment.
You understand and agree that any content you create, modify, or transmit through the Service may not be distributed, sold, transferred, or licensed in any country, or on any social network or other medium without the explicit written permission of WRKSHP. Any data, text, graphics, and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by WRKSHP.
Text and graphics transmitted by you are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and WRKSHP is not responsible for any files users upload, post, or otherwise make available. WRKSHP may or may not regulate User Content and does not guarantee the quality, appropriateness, or integrity of any User Content posted via the WRKSHP application. By using WRKSHP you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that WRKSHP will not under any circumstances be liable for any User Content, including, but not limited to, any loss or damage incurred by use of the User Content. WRKSHP reserves the right to remove and permanently delete any User Content from the Service with or without notice.
YOU EXPRESSLY AGREE THAT THE USE OF ANY PART OF THE SERVICE IS SOLELY AT YOUR RISK. THE SERVICE AND ANY THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WRKSHP PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WRKSHP OR ITS LICENSORS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WRKSHP, ITS LICENSORS, OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE SERVICE OR USE OF THE APPLICATION. MOREOVER, IN NO CASE SHALL WRKSHP’S OR ITS LICENSORS', AFFILIATES’, EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "WRKSHP AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO WRKSHP FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL WRKSHP OR WRKSHP AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, THE APPLICATION, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR MEMBERSHIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WRKSHP OR ANY WRKSHP AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, WRKSHP AND THEIR AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. WRKSHP DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to defend, indemnify, and hold harmless WRKSHP and its licensors, affiliates, employees, officers, directors, contractors, agents, and third party partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. WRKSHP reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with WRKSHP’s defense of the subject claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The obligations set forth herein shall survive termination of these Terms.
If you are a resident of the United States, these Terms and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against WRKSHP must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
You are solely responsible for your interactions with other users of the Service. If you have a dispute with one or more users of the Service, you release us (and its licensors, affiliates, employees, officers, directors, contractors, agents, and third party partners) from claims, demands, and damages of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a California resident, you waive the rights afforded to you under California Civil Code §1542.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, such dispute shall be finally settled in San Francisco County, California using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect . Each party shall be responsible for its share of the arbitration fees in accordance with the applicable arbitration rules. The arbitrator’s decision shall be final and legally binding, and judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
These Terms, any supplemental policies, and any documents expressly incorporated by reference herein contain the entire understanding of you and WRKSHP, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the Service.
Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by WRKSHP shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of WRKSHP.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any WRKSHP product, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.
WRKSHP has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of WRKSHP’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is WRKSHP’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If a counter-notice is received by the Designated Agent, WRKSHP may send a copy of the counter-notice to the original complaining party informing that person that WRKSHP may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at WRKSHP’s discretion.
Please contact WRKSHP’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
201 Spear St, Suite 1500, San Francisco, CA 94105
In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or a WRKSHP application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:
We provide an Club Membership option for our members, which is not required to play the Game. We offer this subscription in the following lengths and pricing. $2.99/week, $7.99/month, $39.99/year. This price will change depending on your local currency and updated exchange rates. There is a free trial option for the $2.99/week subscription. After the free trial period, you will be charged until you cancel through iTunes or Google. The payment will be through iTunes if you purchased through iTunes and Google if you purchased through Google. Subscriptions will automatically renew within a 24-hour period prior to the end of the period you have chosen. The subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. You will manage your subscriptions through the Account Settings of iTunes and Google respectively. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to the publication, where applicable.