Please review and accept our new license agreement.THIS END USER LICENSE AGREEMENTis a legal agreement (hereinafter "EULA") between The Beatstravellers Co Ltd. ("The Beatstravellers Co") and you, either an individual or a single entity, (hereinafter “you,” “your,” or “User”). This EULA covers all web and mobile application software, product applications, source & object code, associated media, any printed materials, data, files and information, plus any accompanying “online" or electronic documentation (collectively, the "Software") that have been provided to You by The Beatstravellers Co from either the Apple App Store or the GooglePlay store. This version of The Beatstravellers Co’s EULA takes precedence over any other EULA relating to The Beatstravellers Co’s products/services and or terms embedded within the Software, unless otherwise specifically superseded in writing.
1. Access to Software. You may access and download to your mobile device the latest version of the Software from either the Apple App Store or the GooglePlay store. You are responsible for maintaining the confidentiality of your The Beatstravellers Co account and for any activity in connection with your account and all activities that occur. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your points that have accrued and are unused will be forfeited. We will not be liable for any loss or damage arising from your failure to comply with these conditions.
2. Assent to Be Bound. By (i) clicking the "Accept the terms of service" checkbox on the app registration page and signing up; (ii) executing a written copy of this EULA; or (iii) installing, copying or otherwise using this Software, You agree to be bound by the terms and conditions of this EULA. If You do not agree with every term and condition of this EULA, do not download, open, install or use the Software or product package. If You have already downloaded the Software, then You must delete it immediately without further use. In addition, certain third party code may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this EULA, will govern Your use of such code. The Beatstravellers Co reserves the right to modify the terms, conditions and policies of this EULA from time to time and may, at any time, revoke Your use of the Software if you breach any of these terms and conditions. If The Beatstravellers Co makes changes to the terms and conditions of this Agreement, then You will be notified the next time You log in to use the Software. You certify that You are of legal age of majority in the jurisdiction in which you reside (at least 18 years of age) and You represent that You are legally permitted use this Software. This EULA is void where prohibited by law. Unless otherwise agreed or permitted by The Beatstravellers Co in writing, You may not share or transfer any Software or other materials you receive from The Beatstravellers Co. You acknowledge that The Beatstravellers Co has no express or implied obligation to announce or make available any future commercial versions of the Software.
3. Ownership and Copyright of Software. Title to the Software and all copies thereof remain with The Beatstravellers Co and/or or its suppliers. The Software is copyrighted and is protected by copyright laws and international treaty provisions. You agree not to remove copyright notices from the Software and agree to prevent any unauthorized copying of the Software within Your control (and to report such to The Beatstravellers Co, if not in your control). Except as expressly provided herein, The Beatstravellers Co does not grant any express or implied right to You under The Beatstravellers Co patents, copyrights, trademarks, or trade secret information.
4. Grant of Software License. Subject to compliance with the terms and conditions of this EULA, The Beatstravellers Co grants to You a non-exclusive, non-transferable, personal, limited-used license - without the right to sublicense (the “License”) - to use the Software solely for the purpose of travel recommendations. You may not: (i) Modify or create any derivative works of any Software or documentation (any code written by The Beatstravellers Co for the Software to published application programming interfaces – APIs - shall be deemed part of the Software and included in this license); (ii) Copy the Software except as provided in this Agreement or elsewhere by The Beatstravellers Co; (iii) Separate Software, which is licensed as a single product, into its component parts. (iv) Sublicense or permit simultaneous use of the Software under Your account by more than one user; (v) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (vi) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software under any circumstances; (vii) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; (viii) Publish any results of benchmark tests run on the Software to a third party without The Beatstravellers Co’s prior written consent; or (ix) Use any Software on a system with more CPUs than the number licensed, by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable.
5. Ownership and Consent to Collection and Use of Data.
- a. Personally-identifiable information. You own all personally-identifiable information as well as all data tracked by the Software regarding Your (“Tracked Data”). For greater clarity, all information that is personally identifiable to you or which cannot be separated from your personally identifiable information belongs to you and will be kept confidential in accordance with all relevant regulations related thereto as defined herein. You hereby acknowledge and agree that if you choose to export your Tracked Data to a party other than yourself that: (i) you accept all responsibility for sharing of such information; and (ii) you hereby absolve and relieve The Beatstravellers Co of any responsibility or liability associated with maintaining privacy of the data that you exported. In the specific event that You choose to export and share Your data with your physician in any form, then You hereby grant to Your physician a one-time, limited license to view and use Your Data for the purpose of helping to create better treatment recommendations for You and otherwise to help You use cannabis better.
6. Term and termination of This Agreement. The Term of this EULA shall commence upon download of the Software and Your Accent to Bound, pursuant to Section 2 herein and shall continue until terminated by either party. The Beatstravellers Co may terminate this EULA and your use of the Software at any time for breach of any provision contained herein. You may terminate this EULA at any time for any reason by deleting Your account. Upon any expiration or termination of this EULA, or deletion of Your account, the rights and licenses granted to You hereunder shall immediately terminate, and You shall immediately cease using the Software, and will return to The Beatstravellers Co (or, at The Beatstravellers Co's request, destroy), any other tangible items in Your possession or control that are proprietary to The Beatstravellers Co or contain Confidential Information. If you choose to delete Your account, then The Beatstravellers Co will permanently remove all of Your personally identifiable information from all of its systems in accordance with industry best practices, which may not be recoverable. As such, The Beatstravellers Co advises You to export Your Tracked session Data prior to deleting Your account. All of Your non-personally identifiable data and logs will be retained in the The Beatstravellers Co database in completely anonymized form for The Beatstravellers Co’s use as it solely deems at any time.
7. Confidentiality. The Software is and contains Confidential Information. You will not disclose information about the Software or any comments regarding the Software to any third party without the prior written approval of The Beatstravellers Co. You will maintain the confidentiality of the Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. You will not be liable for the disclosure of any Confidential Information which is: (i) in the public domain other than by a breach of this Agreement on Your part; or (ii) rightfully received from a third party without any obligation of confidentiality; or (iii) rightfully known to You without any limitation on use or disclosure prior to its receipt from The Beatstravellers Co; or (iv) independently developed by You; or (v) generally made available to third parties by The Beatstravellers Co without restriction on disclosure. You agree that disclosure or use of Confidential Information contrary to this EULA may cause The Beatstravellers Co irreparable harm, for which damages may not be adequate compensation. Therefore You agree that The Beatstravellers Co may be entitled to equitable relief, including an injunction, in order to stop any breach or threatened breach of this EULA.
8. Return of Confidential Information. Upon the termination of this EULA, or at either party's request, if either party is in receipt of any physical Confidential Information of the other, then that party shall deliver to the disclosing party all files, documents, computer programs and other media (and all copies and reproductions of any of the foregoing) in its possession or control to the extent same contain Confidential Information. Upon the request of either party, the other party shall certify in writing that all materials containing Confidential Information (including all copies thereof) have been returned to the party disclosing such Confidential Information. REMINDER - The Beatstravellers Co ADVISES YOU TO EXPORT YOUR TRACKED SESSION DATA PRIOR TO DELETING YOUR ACCOUNT.
9. DISCLAIMER. THE SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. The Beatstravellers Co IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT UNDER THE TERMS OF THIS EULA, AND PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES IN THE SOFTWARE WILL BE CORRECTED.
10. No License or Representation. This EULA does not require The Beatstravellers Co to disclose any Confidential Information. All Confidential Information shall remain the sole property of the party disclosing such information. No license for any trademark, patent, copyright, or any other intellectual property right is either granted to You or implied by this EULA or any disclosure hereunder. All Confidential Information disclosed The Beatstravellers Co is on an AS IS basis, and no representation, warranty or assurance is made by The Beatstravellers Co with respect to the completeness, accuracy, non-infringement of trademarks, patents, copyrights, trade secrets or any other intellectual property rights or other rights of third parties. The Beatstravellers Co will not be liable for any damages arising out of the use of any Confidential Information, and the use of such Confidential Information is at the recipient's own risk.
11. Disputes. The Beatstravellers Co and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration or point entries; (ii) telephone, electronic, hardware, or software program, network, Internet, computer, or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the benefit or acceptance, delivery, or failure to timely delivery, possession, or use of the benefit, or from participation in the Program; or (vi) any printing or typographical errors in any materials associated with the Program. Further, in no event shall we, or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns be liable to you or any third parties for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss or profit), punitive, or other damages arising from or in connection with the existence or use or inability of use of the Software (or its web companion, as the case may be) or any such dispute, regardless of whether The Beatstravellers Co or any of the other entities or persons listed above have been advised as to the possibility of such damages. Under no circumstances are You permitted to obtain benefits for, and You hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys' fees, other than Your actual out-of-pocket expenses (i.e., costs, if any, associated with participating in the Program), and You further waive all rights to have damages multiplied or increased. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against, any actions taken by any user authorized by You to use Your account, including, but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties.
12. Limitation on Liability. Provision of any Software under this Agreement shall not create any obligation for The Beatstravellers Co to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to You or to any other party. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL The Beatstravellers Co OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF The Beatstravellers Co HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- a. Copyrights. You should assume that all contents of the The Beatstravellers Co’s App, including all parts related to the Program are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any The Beatstravellers Co copyright.
- b. Trademarks. All product names, logos, and service marks displayed on this site that are identified by “TM” or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to The Beatstravellers Co or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of The Beatstravellers Co or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of The Beatstravellers Co.
- c. Export Restrictions. You acknowledge that Software is of British origin. You agree to comply with all applicable international and national laws that apply to the Software, including the U. S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the United Kingdom and other governments.
- d. Legal Fees. In the event that either party shall bring any action to enforce or protect any of its rights under this EULA, the prevailing party shall be entitled to recover, in addition to its damages, its reasonable legal fees and costs (including those of in-house counsel) incurred in connection therewith.
- e. Governing Jurisdiction. This EULA is governed by the laws of England and Wales excepting its conflict or choice of law provisions. The parties hereby agree to irrevocably attorn to the exclusive jurisdiction of the courts of England and Wales.
- f. Miscellaneous Provisions. This EULA constitutes the entire agreement and understanding between The Beatstravellers Co and You and supersedes all prior and contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended, except in a writing or digitally signed by an authorized representative of The Beatstravellers Co and You. This EULA shall be binding upon the respective successors and assigns of the parties hereto. No delay or omission by either party in exercising any right under this EULA shall operate as a waiver of that or any other right. If any provision of this EULA shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect or invalidate any other provision of this EULA. For purposes of this EULA, "Affiliate" means an entity controlled by, controlling, or under ultimate common control of a party signing below. Furthermore, the person signing on behalf of the entity named below, has the authority to bind that entity and all of its Affiliates.
™ marks owned by The Beatstravellers Co Ltd.
Last updated: Nov, 2019