Last Updated: November 01, 2017
Thank you for using the StyleBeat.com website and associated content (hereinafter “Website”), which is owned, operated, or licensed by Style Beat LLC (“Speaker of Memes”). Speaker of Memes provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Service Agreement (hereinafter “Agreement”).
YOU HAVE A DUTY TO READ THIS TERMS OF SERVICE AGREEMENT.
By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Speaker of Memes reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Speaker of Memes replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
a. User Warranties
By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
b. Limited License
You acknowledge and agree that the Website is the property of or is licensed by Speaker of Memes and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Speaker of Memes reserves all of rights not expressly granted through this Agreement.
Speaker of Memes provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
In the event you submit content to the Website, including, but not limited to, photos, videos, text, audio files, or code (collectively “User Generated Content”), you grant Speaker of Memes a limited, worldwide, non-exclusive, sublicensable, assignable, and royalty free license to reproduce, prepare derivative works, distribute copies, perform publicly, display publicly, and transmit your User Generated Content for the customary and intended purposes of the Website. Speaker of Memes reserves the right to remove, delete, suspend, or reject your User Generated Content at any time and in its sole and absolute discretion. You warrant and represent that you own all right, title, and interest in and to any User Generated Content that you submit to the Website.
ANY AND ALL MATERIAL PROVIDED BY Style Beat LLC IS PROVIDED “AS IS” AND Speaker of The Memes LLC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ACKNOWLEDGEMENT AND AGREEMENT
Speaker of Memes Products carry a standing Forty Five (45) Day refund period from the date of purchase. If a physical product has been purchased, the customer care department will issue a RMA number. When customers receive a RMA number, they are required to return the contents in full to the following address: 2407 S Congress Ave Ste E127 Austin, TX 78704. The label for returning a physical product should look like this:
Speaker Of The Memes
Attn: Returns Dept
2407 S Congress Ave Ste E127
Austin, TX 78704
Upon receipt of returned product, Speaker of Memes Refund Dept will process your refund within 7-10 days. 10% restocking fees applies.
c. Acceptable Use Policy
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website. You are also prohibited from using the Website to transmit unsolicited commercial emails to third parties or users of the Website, obtaining or mining the personal data of third parties or users of the Website, harassing or defaming third parties or users of the Website, posting obscene, sexually explicit, or pornographic content to the Website, or using the Website to promote bodily harm or emotional distress to third parties or users of the Website.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Speaker of Memes, including but not limited to Speaker of Memes, are common law or registered trademarks owned by or licensed to Speaker of Memes. You are expressly prohibited from using the trademarks of Speaker of Memes to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Speaker of Memes in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
e. Third Party Links
You acknowledge and agree that the Website may contain links to third party websites or content that Speaker of Memes does not own or control. You are advised to review the terms and conditions of any third party websites or content linked to through the Website, and you agree that Speaker of Memes will not be responsible for websites not under the ownership or control of Speaker of Memes. Speaker of Memes specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.
f. Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Speaker of Memes terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. Speaker of Memes reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
g. Section 230 Compliance
You acknowledge and agree that the Website is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Speaker of Memes will not be considered a speaker or publisher of any information provided by a third party to the Website, regardless of whether Speaker of Memes chooses to remove, suspend, change, or amend such information.
h. Copyright Policy
The Website is copyright 2017 Speaker Of The Memes, LLC. Speaker of Memes will expeditiously respond to all duly issued notifications of copyright infringement that are sent to Speaker of Memes’s designated copyright agent pursuant to 17 U.S.C. § 512. All notices of copyright infringement must contain the following:
- The physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- Identification of the copyrighted work alleged to have been infringed;
- Specific identification of the allegedly infringing material, including, if applicable, a link to the allegedly infringing material;
- Contact information of the complaining party;
- A statement that the complaining party has a good faith belief that the use of the material complained of is not authorized by the copyright holder, its agent, or the law; and
- A statement that the information in the notice is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Upon receipt of a notice of infringement, Speaker of Memes will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:
- The physical or electronic signature of the subscriber;
- Identification of the material that has been removed or the location where the material previously appeared;
- A statement, under penalty of perjury, that the subscriber has a good faith belief that the material was removed due to mistake or misidentification; and
- The subscriber’s name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the federal district court in which the subscriber is located or, if the subscriber is located outside of the United States, in San Jose, California.
All notices of infringement and counter-notifications may be sent to support@StyleBeat.com.
i. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT SPEAKER OF MEMES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT SPEAKER OF MEMES’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless Speaker of Memes, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Speaker of Memes will not provide you with the ability to control Speaker of Memes defense, and Speaker of Memes reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN AUSTIN, TEXAS AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN AUSTIN, TEXAS FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN AUSTIN, TEXAS. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.
l. Force Majeure
Speaker of Memes will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Speaker of Memes’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Speaker of Memes.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. Speaker of Memes reserves the right to assign its rights and duties under this Agreement, including in a sale of Speaker of Memes or its Website.