LEGAL NOTICES
This application is edited by Beat Now Stream, a French simplified joint-stock company (SAS)
The App is hosted on the Google Play Store, with servers geographically located in data centres in the world, with registered offices at 1600 Amphitheatre Parkway in Mountain View, California, United States, and can be contacted through the following link: https://support.google.com/?hl=en.
TERMS OF USE FOR THE STREAM APPLICATION
Last updated: 2021-07-22
DEFINITIONS
App: the Beat Now Stream application, developed by Beat Now LTD;
Premium Services: the paid services offered by Beat Now LTD on the App, either through subscription or in-app purchase;
Services: the services offered by Beat Now LTD on the App, as further described in these Terms of Use;
Terms of Use: the present document called "Terms of Use for the Stream Application";
User, You: any App user holding a User Account, or using the App without being registered;
User Account: your personal account on the App;
Youtube Content : third party content available through the use of Google’s API (such as text, images, videos, audio, or software) hosted by Youtube.
SCOPE OF APPLICATION
The purpose of the Terms of Use is to define the conditions under which you may use the App, and the Services provided by Beat Now LTD. It is very important that you carefully read and understand these Terms of Use, because by registering on the App, and / or using its functionalities, you acknowledge that you are bound by these Terms of Use and agree to comply with them in their entirety. These Terms of Use prevail over any previous agreement, exchange or arrangement that may have been reached between you and Beat Now LTD.
Beat Now LTD reserves the right to amend these Terms of Use at any time, in full or in part. You can also determine the date the latest amendments were made by Beat Now LTD by checking the “last updated” date given above.
If you reject the amendments made to the Terms of Use, please stop using the App.
SERVICES
Description of the Services
The App is a music player that gives you access to Youtube videos (“Youtube content”) and enables you to play Youtube videos via a pop up player on top or next to other apps.
The App also allows you to change the general Theme of the App, including skins for the menus, the buttons and knobs, which are unlockable by You by simply watching an ad.
Furthermore, the App includes a sleep Timer which allows you to set a timer at the end of which the playback on the music player will stop.
Finally, if you registered to the App using Facebook or Google sign-in, you may be able to import and save to the App your personal playlist.
Currently, no Premium Services are offered in the app or the Google Play store.
Nonetheless, Users having bought previous Premium Services keep benefiting from those.
Price of the Services
The access to the App and to the Services are entirely free of charge.
The cost of connecting to the Internet and other fees relating to telecommunications are entirely your own responsibility.
REGISTRATION / CONNECTION
Access to the App / Downloading
To access the App, you must download it to your smartphone or tablet, via Google legal downloading platform (Google Play). The download is free.
Minimum age
To register on the App and / or use the Services:
if you reside in the European Union: you must be at least 16 years old at the time of registration, or the minimum age required in your country (15 years old in France);
if you reside outside of the European Union: you must be at least 13 years old at the time of registration, or the minimum age required in your country.
If you are too young to accept the Terms of Use in your country of residence, a parent or legal guardian must approve your registration on the App and accept these Terms of Use on your behalf.
Registration process
To benefit from the certain Services offered by the App, you must first register by creating a User Account, which will be suggested as soon as you open the App. You can register via Facebook or Google Sign In.
You may also access the App as a non-registered User, however the Services made available to you will be limited.
You are responsible for maintaining the confidentiality and security of your password, and agree not to transfer your password, or lend or otherwise transfer your use of the Services or access to the App to any third party. You are fully responsible for all activities that occur under your username and password and therefore MWM can, in no case, be held liable for the consequences of this use. You agree to immediately notify Beat Now LTD of any unauthorized use of your email address and password or any other breach of security related to your User Account.
Please consult our Privacy Policy for further information about how MWM uses your personal data and the procedures for exercising your rights:
GOOD CONDUCT / PROHIBITED BEHAVIOUR
By using the App, you formally undertake not to carry out via the Services any illegal and / or immoral acts contrary to public order, to comply with the laws and regulations in force, not to contravene public order, and not to jeopardise the normal course of the App and Services.
The App is an automatic data processing system. Any fraudulent access or remaining within such system is forbidden and sanctioned by law. In the same manner, any hindrance or alteration of the functioning of such system, or any introduction, deletion, or modification of the data contained in such system are forbidden. Therefore, you undertake not to disturb the functioning of this automatic data processing system, and in particular not to introduce any virus, nor to damage, illegally access, or modify, the data stored on the App.
You shall not extract and / or re-utilize parts of the content of the App without the prior written authorization of Beat Now LTD. In particular, you shall not use any screen scraping, web scraping, or “crawling” robot, or any similar tool for the collection of data in order to extract or re-utilize a substantial part, or a non-substantial part but in a systematic or repeated way, or the elements contained on the App.
You undertake not to access, or attempt to access the App by any means other than the interface of the App provided by Beat Now LTD, nor to engage in any activity likely to hinder or disturb the functioning of the App.
INTELLECTUAL PROPERTY RIGHTS ON THE APP
Beat Now LTD grants you, free of charge, the personal and non-exclusive right to access and use the App, exclusively for your own private and non-commercial use, in accordance with the conditions set out in these Terms of Use.
The architecture of the App, graphics, concepts, scenarios, names and trade names, trademarks, logos, slogans, domain names, databases, software, and all other components of the App, although this is not an exhaustive list (hereinafter the “Protected Elements”), are the exclusive property of Beat Now LTD. As such, you are hereby informed that these Terms of Use do not entail any assignment of intellectual property rights attached to the App or to the Protected Elements in your favour.
Consequently, you shall refrain from any action that could damage, directly or indirectly, the intellectual property rights of Beat Now LTD. As such, the use, reproduction, transmission, marketing or creation of derivative works based on the Protected Elements without the prior written agreement of Beat Now LTD is strictly prohibited and punishable as copyright infringement.
PUSH NOTIFICATIONS
If you have approved them, you may receive push notifications via the App to inform you of events relating to your User Account, or to the Services when MWM wants to share news about the App or its features.
You can deactivate or configure push notifications at any time on the “Settings” page of your device
HYPERLINKS - EXTERNAL SERVICES
The App can give you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, third party (hereinafter “external services”).
Beat Now LTD has no control over external services, and is not, and cannot be responsible for their content, operation or use. By pointing or otherwise providing access to external services, Beat Now LTD makes no warranty or does not expressly or implicitly endorse, in relation to the legality, the accuracy, the quality or the authenticity of the content, information or services provided by these external services.
External services may have their own terms of use and / or privacy policy. You are responsible for reviewing the conditions of use of these external services.
You are responsible for taking the precautions to protect yourself against fraud while you are using external services, and you have to protect your systems against viruses, worms, Trojan horses, and other harmful content or destructive and documents that can be included or may emanate from these external services.
Beat Now LTD disclaims any liability for any damages arising from your use of external services, and you irrevocably waive any claim against Beat Now LTD, regarding the content or functioning of all external services.
RESTRICTION OF USE OF THE YOUTUBE CONTENT
Beat Now LTD does not give or licence to you any rights regarding the Youtube Content. You undertake to access and use the Youtube Content according to Youtube Terms of services accessible here : https://www.youtube.com/t/terms. Notably, You shall only use and access the Youtube Content for your personal and non-commercial use.
Beat Now LTD shall not be deemed liable for Your use of the Youtube Content, and You shall bear all liabilities regarding such use.
You Hereby undertake to comply with applicable law, regulation, and the Terms of Google’s API accessible hereafter : https://developers.google.com/terms/
With Youtube Content, You are not allowed to:
Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
Misrepresent the source or ownership; or
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
EXCLUSIONS FROM GUARANTEES
You hereby acknowledge that you use the App at your own risk. Beat Now LTD cannot be held liable for the quality or comprehensiveness or availability of the Services offered by the App, the latter being offered “as is”. Furthermore, Beat Now LTD reserves the right to amend or suspend its Services at its discretion, and to stop producing the App at any time, without incurring any liability as a result.
Beat Now LTD shall do its best efforts to maintain the App available 7 days a week, and 24 hours a day. However, access to the App may be temporarily suspended, in case of planned or unplanned maintenance, migrations, updates, or constraints related to the functioning of Internet.
It is recalled that the transmission of data over the internet only benefits from a limited reliability. The networks used to transmit such data may have different characteristics and capacities, and are likely to be saturated at certain times of the day, which may affect their delay of transmission and their availability.
LIABILITY
The App is to be used for private purposes only.
Beat Now LTD cannot be held liable for any indirect damage, resulting from your use of the App (and in particular but without limitation loss of data, loss of customers or business, loss of chance or opportunities, loss of reputation), or from your impossibility to access the App, your use of the elements contained on the App, from any default, bug or interruption of the App.
Beat Now LTD will make its best efforts to secure your access to the App, but shall not ensure full security. Beat Now LTD shall not be held liable in relation to any bug or damages relating to the use of the Internet network, such as service breakdowns, external intrusions, or in the presence of IT viruses, or security breaches that may cause damages to your IT equipment or data.
Also, Beat Now LTD shall not be liable for the consequences resulting from your violation of the Terms of Use. Therefore, you undertake to indemnify Beat Now LTD in case of action from a third party, or in case Beat Now LTD is sanctioned due to your fault.
TERMINATION
If you fail to comply with these Terms of Use, Beat Now LTD reserves the right to suspend your access to the App without notice, temporarily or permanently, without prejudice to any compensation for damages that Beat Now LTD is entitled to claim.
CONTACT
For any information or questions, you can write to us directly at the following email address:. We will get back to you as quickly as possible.
FINAL PROVISIONS
Beat Now LTD's failure, at any time, to enforce any of the provisions of these Terms of Use and / or its tolerance of the non-fulfilment of any of the obligations set out in these Terms of Use cannot be interpreted as Beat Now LTD waiving any subsequent enforcement of any of the aforementioned provisions.
If one or more of the provisions of these Terms of Use are deemed invalid or declared as such in application of a law or regulation, or following a final decision made by a competent court, the other provisions shall retain their full force and scope. Beat Now LTD may, where applicable, replace the invalid provision(s) with a new provision.
The titles of the articles in these Terms of Use are for information purposes only and should not be considered as having any legal value.
APPLICABLE LAW - DISPUTES
These Terms of Use are governed by the laws of France.
In case a disagreement or a dispute arises, you may contact Beat Now LTD directly in an attempt to resolve the dispute amicably.
If the dispute cannot be resolved amicably, you are informed that you can choose to use mediation free of charge.
You can also visit the European online Dispute resolution platform, available at: https://webgate.ec.europa.eu/odr/.
Any disagreement and / or difficulty with the interpretation or execution of these Terms of Use shall be referred to the competent courts.
Payments, cancellations, and cooling off
1.Billing
You may purchase a Paid Subscription directly from Beat Now or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Beat Now Service for a specific time period (“Pre-Paid Period”).
Beat Now may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Beat Now Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following:
If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize Beat Now to automatically charge you the agreed price each month until you cancel the Paid Subscription.
If you purchase a Paid Subscription with no Trial, you authorize Beat Now to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Beat Now Service during that period.
2.Renewal; Cancellation
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Beat Now or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through Beat Now, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If you purchased your Paid Subscription through Beat Now and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to Beat Now before the Cooling-off Period is over, you must contact Customer Support. When we process any refund, we will refund amounts using the method you used for payment.
If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.
Changes to This Privacy Policy
I may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.