Beast Enterprises Terms of Service Agreement

Last modified on January 30, 2018.

User’s Acknowledgement and Acceptance of Terms of Service

Welcome, and thank you for your interest in Beast Enterprises (“Beast”, “BE”, “we”, or “us”). By accessing and using our website located at https://beast.nyc/, the related mobile website, and the mobile application (collectively, the “Sites”), you agree to be bound by the “Terms of Service” (also “Service”), without limitation or qualification. If you do not agree to our Terms of Service or Privacy Policy, do not use the Sites.

Electronic Agreement: This Agreement is an electronic contract that sets out the legally binding terms of your use of the Sites and the Service. Please read this agreement carefully as it contains important information regarding your legal rights, remedies and obligations, including various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

Right to Change, Modify or Delete the Terms of Service

Beast Enterprises reserves the right to change, modify or delete parts of the Terms of Service at anytime without prior notice. The Terms of Service may be modified by Beast Enterprises from time to time, such modification to be effective upon posting by Beast Enterprises on its Sites. Your continued use of the Sites and the Service following Beast Enterprises posting of revised terms of any section of the Terms of Service will constitute your express and binding acceptance of and consent to the revised Terms of Service.

Privacy Policy

Use of the Sites and/or the Service is also governed by our Privacy Policy, located at [PRIVACY URL].

Copyright And Use Of Site Content

Proprietary Rights: Beast Enterprises retains all proprietary rights in the Sites and the Service. The Sites contains the copyrighted material, trademarks, and other proprietary information of Beast Enterprises, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Beast Enterprises Sites is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Beast Enterprises. Distribution of Content to others is strictly prohibited. You agree that Beast Enterprises would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Beast Enterprises shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

Restrictions on Use of Materials:You acknowledge that Beast Enterprises contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Beast Enterprises owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Sites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Copyright Policy:Beast Enterprises prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

Beast Enterprises

72 Allen Street,

3rd Floor

New York, NY 10002

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Sites, please write to Beast Enterprises at the address shown above, giving a written statement that contains:

identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
identification of the allegedly infringing material on the Site that is requested to be removed;
your name, address, and daytime telephone number, and an e-mail address if available;
a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.

Beast Enterprises will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

Liability for Content: Beast Enterprises does not review the content posted or uploaded by users of the Site (“Users’ Content”) and is not responsible for such Users’ Content. However, we reserve the right to suspend your access and/or delete any Users’ Content at any time at our sole discretion.

You hereby acknowledge and agree that Beast Enterprises cannot and does not review the Content created or uploaded by its users, and neither Beast Enterprises nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Sites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

You hereby acknowledge and agree that you are solely responsible for all of Users Content that you upload, post or distribute to, on or through the Sites, and to the extent permissible by law, Beast Enterprises excludes all liability with respect to all Users’ Content (including Your Content) and the activities of its users with respect thereto

Beast Enterprises and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Sites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Sites. By using the Sites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Beast Enterprises or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Third Parties

We may provide links to third party websites, and some of the content appearing on Beast Enterprises may be supplied by third parties. Beast Enterprises has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.

Prohibited Conduct

You may use the Sites for lawful purposes only.

You must not copy or capture, or attempt to copy or capture, any content from the Sites (the “Content”), unless given express permission by Beast Enterprises.
You must not use any Content in any way that is designed to create a separate content service or that replicates any part of the Sites’ offering.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Sites.
You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Sites or any Content appearing on the Sites.
You must not, and must not permit any third party to, copy or adapt the object code of the Sites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Sites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content.
You must not use the Sites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Beast Enterprises’ sole and reasonable discretion;
any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Beast Enterprises’ sole and reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Sites or servers or networks forming part of, or connected to, the Sites, or which does or might restrict or inhibit any other user's use and enjoyment of the Sites; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Beast Enterprises employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your access to the Service.
You must not sell or transfer, or offer to sell or transfer, any Beast Enterprises account to any third party without the prior written approval of Beast Enterprises.
You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Beast Enterprises; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Beast Enterprises’ servers, system or network or attempt to breach Beast Enterprises data security or authentication procedures; attempt to interfere with the Sites or the Service by any means including, without limitation, hacking Beast Enterprises’ servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Beast Enterprises under these Terms of Service, Beast Enterprises reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Beast Enterprises has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

Subscriptions and Registered User Information

We may ask you for, or you may voluntarily submit, personally identifiable information when you are using the Service. The personal information which you may provide to us could include, but is not limited to your name and contact information. We may collect personal information when you use our Service, including our Sites, request information, support, quotes, or access to our services, download content, white papers, other materials, subscribe to newsletters, promotional emails, alerts, updates or other materials, register for webinars or other content offers, or when you contact us.To learn more, please refer to our Privacy Policy

Commercial Use of Service

If you are using the Service and/or accessing the sites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
You have read and understand this Terms of Service; and
You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Sites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Sites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Sites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Sites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites, and using the Sites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Sites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Sites and Service is with the permission of Beast Enterprises which may be revoked at any time, for any reason, in Beast Enterprises sole discretion.

Restriction, Termination or Suspension

Beast Enterprises reserves the right at any time to restrict, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Beast Enterprises shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. In order to protect the integrity of the Service, Beast Enterprises reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Sites.

Repeat Infringers: Beast Enterprises will suspend or terminate your access to the Sites if Beast Enterprises determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Sites terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Beast Enterprises at its sole discretion.

Parental or Guardian Permission

Children under the age of 17 are not permitted to use the Sites unless a supervising parent or guardian is present.

Limitation of Liability

In no event shall Beast Enterprises be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Sites or Service, or use thereof. Nothing contained in the Sites or in any written or oral communications from Beast Enterprises or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Sites and the services provided by employees of the Sites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Beast Enterprises makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Sites’ content or that the functionality of the Sites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Sites and the Service is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL BEAST ENTERPRISES, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITES, EVEN IF BEAST ENTERPRISES HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL BEAST ENTERPRISES HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, SITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF BEAST ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of BEAST ENTERPRISES and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Sites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Beast Enterprises during the six months prior to notice to Beast Enterprises of the dispute for which the remedy is sought.

Indemnification

You agree to defend, indemnify and hold Beast Enterprises, its subsidiaries, affiliates, officers, agents, partners, employees or other representatives (collectively, the “Beast Representatives”, harmless from and against any and all liability, losses claims, costs and expenses (including attorneys’ fees) incurred by Beast Enterprises or any Beast Representative arising from or related to your use of our Sites or Services.

Attorney Fees

In the event that Beast Enterprises is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Beast Enterprises’ attorneys' fees and costs.

Jurisdiction and Choice of Law; Dispute Resolution

If there is any dispute arising out of the Sites and/or the Service, by using the Sites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Arbitration Provision/No Class Action

Except where prohibited by law, as a condition of using the Sites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Sites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Availability Outside the U.S.

If you access Beast Enterprises from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Sites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

Severability; Waiver

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Beast Enterprises’ failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Beast Enterprises’ ability to enforce such term at any point in the future.

Entire Agreement

This Agreement contains the entire agreement between you and Beast Enterprises regarding the use of the Sites and/or the Service.

Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.