Terms & Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.BeatMyPath.com website (the “Service”) operated by Beat My Path Pty Ltd (“Beat My Path”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you (“Content Provider”) to post, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By providing Content to the Service, you are declaring your willingness to enter into a binding contract with Beat My Path, to transfer the rights of the Content to Beat My Path. Upon receipt of the Content, Beat My Path may provide you with an offer to purchase the Content (“Offer”) at an agreed price (“Purchase Price”). In the event that both the Content Provider and Beat My Path accept the Offer, by way of email notification, the Purchase Price will be paid to the Content Provider by PayPal, in Australian Dollars (AUD).
Upon receipt of the Purchase Price, the Content Provider grants Beat My Path the irrevocable, fully-exclusive, royalty-free, fully-paid, worldwide license and right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, or any of its affiliate websites, with or without acknowledgement of the Content Provider. You relinquish any and all of your rights to the Content, however, you are responsible for protecting the rights of Beat My Path to the Content, by not providing the Content to any other party, entity, company, website, platform, or person. You agree that this license includes the right for us to make the Content available to other users of the Service, who may also use your Content, subject to these Terms. You acknowledge and accept that upon receipt of the Purchase Price, you will not receive any further form of remuneration for providing Content to the Service, financial or otherwise, unless otherwise agreed to in advance by Beat My Path.
Prior to providing Content to Beat My Path, you represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the providing of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising, nor will it contain outbound hyperlinks to any website or app, other than the Beat My Path website; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of the Content incorporated into the Service and we reserve the right to modify or remove any Content at any time, without notice or explanation.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures. You also acknowledge that all Terms relating to Content are intended to survive any termination or expiration of this agreement.
Advertising plans are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles may be set on a monthly or yearly basis.
At the end of each Billing Cycle, your Advertising Subscription will automatically renew under the exact same conditions unless you cancel it or Beat My Path cancels it. You may cancel your Advertising Subscription renewal either through your online account management page or by contacting the Beat My Path customer support team.
A valid payment method, including PayPal, is required to process the payment for your Advertising Subscription. You shall provide Beat My Path with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Beat My Path to charge all Advertising Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Beat My Path reserves the right to immediately cancel your Advertising Subscription, or issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Beat My Path, in its sole discretion and at any time, may modify the Subscription fees for the Advertising Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Beat My Path will provide you with a reasonable prior notice of any change in Advertising Subscription fees to give you an opportunity to terminate your Advertising Subscription before such change becomes effective.
Your continued use of the Service after the Advertising Subscription fee change comes into effect constitutes your agreement to pay the modified Advertising Subscription fee amount.
Except when required by law, paid Advertising Subscription fees are non-refundable.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
COPYRIGHT INFRINGEMENT NOTICE
In order to lodge a complaint with us, please contact us using the details above with the following information:
Your name and address;
Details of the alleged breach of copyright; and
URL link to the alleged breach of copyright (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
The Service and its original content, features and functionality are and will remain the exclusive property of Beat My Path and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Beat My Path. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to view and provide Content, subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Beat My Path.
Beat My Path has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Beat My Path shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
As a condition of your access to, and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
LIMITATION OF LIABILITY
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Beat My Path its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please feel free to Contact Us at any time.