Terms of UseLast modified: August 1, 2016
1. User's Acknowledgment and Acceptance of Terms
Smart Pelican Technologies Group, LLC ("Us" or "We") provides the
www.installbeat.com site and various related services (collectively, the "site") to
you, the user, subject to your compliance with all the terms, conditions, and
notices contained or referenced herein (the "Terms of Use"), as well as any other
written agreement between us and you. In addition, when using particular
services or materials on this site, users shall be subject to any posted rules
applicable to such services or materials that may contain terms and conditions
in addition to those in these Terms of Use. All such guidelines or rules are
hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE,
PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH
THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER
INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING
THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR
AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF
USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF
YOUR USE OF THIS SITE.
These Terms of Use are effective as of August 01, 2016. We expressly reserve
the right to change these Terms of Use from time to time without notice to you.
You acknowledge and agree that it is your responsibility to review this site and
these Terms of Use from time to time and to familiarize yourself with any
modifications. Your continued use of this site after such modifications will
constitute acknowledgement of the modified Terms of Use and agreement to
abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners,
subsidiaries, affiliated companies, officers, directors, suppliers, partners,
sponsors, and advertisers, and includes (without limitation) all parties involved in
creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to,
software development services, consulting, reviews, and other like services. You
are responsible for providing, at your own expense, all equipment necessary to
use the services, including a computer, modem, and Internet access (including
payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any
of the site’s features, at any time with or without notice to you. We will not be
liable to you or any third party should we exercise such right. Any new features
that augment or enhance the then-current services on this site shall also be
subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use
an account and password that can be obtained by completing our online
registration form, which requests certain information and data ("Registration
Data"), and maintaining and updating your Registration Data as required. By
registering, you agree that all information provided in the Registration Data is
true and accurate and that you will maintain and update this information as
required in order to keep it current, complete, and accurate. You must be over
the age of 13 to register.
You also grant us the right to disclose to third parties certain Registration Data
about you. The information we obtain through your use of this site, including
your Registration Data, is subject to our Privacy Policy, which is specifically
incorporated by reference into these Terms of Use.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are
solely responsible for the substance of your communications through the site.
By posting information in or otherwise using any communications service, chat
room, message board, newsgroup, software library, or other interactive service
that may be available to you on or through this site, you agree that you will not
upload, share, post, or otherwise distribute or facilitate distribution of any
content -- including text, communications, software, images, sounds, data, or
other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another individual or
group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also
known as "spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or
representatives.
We neither endorse nor assume any liability for the contents of any material
uploaded or submitted by third party users of the site. We generally do not prescreen,
monitor, or edit the content posted by users of communications
services, chat rooms, message boards, newsgroups, software libraries, or other
interactive services that may be available on or through this site. However, we
and our agents have the right at their sole discretion to remove any content that,
in our judgment, does not comply with these Terms of Use and any other rules
of user conduct for our site, or is otherwise harmful, objectionable, or
inaccurate. We are not responsible for any failure or delay in removing such
content. You hereby consent to such removal and waive any claim against us
arising out of such removal of content. See "7. Unauthorized Use of Materials"
below for a description of the procedures to be followed in the event that any
party believes that content posted on this site infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary right of
any party.
In addition, you may not use your account to breach security of another account
or attempt to gain unauthorized access to another network or server. Not all
areas of the site may be available to you or other authorized users of the site.
You shall not interfere with anyone else's use and enjoyment of the site or other
similar services. Users who violate systems or network security may incur
criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your
membership, account, or other affiliation with our site without prior notice to you
for violating any of the above provisions. In addition, you acknowledge that we
will cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities in
investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include
references to information, documents, software, materials and/or services
provided by other parties. These sites may contain information or material that
some people may find inappropriate or offensive. These other sites and parties
are not under our control, and you acknowledge that we are not responsible for
the accuracy, copyright compliance, legality, decency, or any other aspect of
the content of such sites, nor are we responsible for errors or omissions in any
references to other parties or their products and services. The inclusion of such
a link or reference is provided merely as a convenience and does not imply
endorsement of, or association with, the site or party by us, or any warranty of
any kind, either express or implied.
6. Intellectual Property Information
Copyright © 2015 - 2016 Install Beat is a product of Smart Pelican Technologies
Group, LLC. All rights reserved.
For purposes of these Terms of Use, "content" is defined as any information,
data, communications, software, photos, video, graphics, music, sounds, and
other material and services that can be viewed by users on our site. This
includes message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content
presented to you on this site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws, and is the sole property of
Smart Pelican Technologies Group, LLC and/or its Affiliates. You are only
permitted to use the content as expressly authorized by us or the specific
content provider. Except for a single copy made for personal use only, you may
not copy, reproduce, modify, republish, upload, post, transmit, or distribute any
documents or information from this site in any form or by any means without
prior written permission from us or the specific content provider, and you are
solely responsible for obtaining permission before reusing any copyrighted
material that is available on this site. Any unauthorized use of the materials
appearing on this site may violate copyright, trademark and other applicable
laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials
displayed on, or obtained through, this site will not infringe the rights of third
parties. See "7. Unauthorized Use of Materials" below for a description of the
procedures to be followed in the event that any party believes that content
posted on this site infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks,
trademarks or service marks of Smart Pelican Technologies Group, LLC or its
Affiliates. All other trademarks or service marks are property of their respective
owners. Nothing in these Terms of Use grants you any right to use any
trademark, service mark, logo, and/or the name of Install Beat or its Affiliates.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit
to this site or to us, whether by electronic mail, post, or other means, for any
reason, will be treated as non-confidential and non-proprietary. While you retain
all rights in such communications or material, you grant us and our agents and
affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy,
distribute, display, perform, publish, translate, adapt, modify, and otherwise use
such material for any purpose regardless of the form or medium (now known or
not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we
have mutually agreed in writing otherwise. We are also unable to accept your
unsolicited ideas or proposals, so please do not submit them to us in any
circumstance.
We respect the intellectual property of others, and we ask you to do the same. If
you or any user of this site believes its copyright, trademark or other property
rights have been infringed by a posting on this site, you or the user should send
notification to our Designated Agent (as identified below) immediately. To be
effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been
infringed upon or other information sufficient to specify the copyrighted work
being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in
item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email
address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other content (email
address is preferred).
5. Include the following statement: "I have a good faith belief that use of the
copyrighted materials described above as allegedly infringing is not authorized
by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright owner or
am authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed."
7. Sign the paper.
8. Scan and send the communication to:
contact@installbeat.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified materials from our site
without liability to you or any other party and that the claims of the complaining
party and the party that originally posted the materials will be referred to the
United States Copyright Office for adjudication as provided in the Digital
Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE
SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM
US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE
FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES
TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES
AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME
WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE
OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in
commercial transactions with other users and vendors. You acknowledge that
all transactions relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms, warranties,
guarantees, maintenance and delivery terms relating to such transactions, are
agreed to solely between the seller or purchaser of such merchandise and
services and you.
WE MAKE NO WARRANTY REGARDING ANY
TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS
SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS
ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS,
OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD
PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR
ANY OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments
of an information provider, site user, or other person or entity not connected
with us. We do not endorse, nor are we responsible for the accuracy or reliability
of, any opinion, advice, or statement made by anyone other than an authorized
Smart Pelican Technologies Group, LLC spokesperson speaking in his/her
official capacity. Please refer to the specific editorial policies posted on various
sections of this site for further information, which policies are incorporated by
reference into these Terms of Use.
You understand and agree that temporary interruptions of the services available
through this site may occur as normal events. You further understand and agree
that we have no control over third party networks you may access in the course
of the use of this site, and therefore, delays and disruption of other network
transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided
"AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery
or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY
GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR
ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH
THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF
ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our
Affiliates harmless from all liabilities, claims, and expenses, including attorney's
fees, that arise from your use or misuse of this site. We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password
and account and for any and all statements made and acts or omissions that
occur through the use of your password and account. Therefore, you must take
steps to ensure that others do not gain access to your password and account.
Our personnel will never ask you for your password. You may not transfer or
share your account with anyone, and we reserve the right to immediately
terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties.
You may enter into correspondence with or participate in promotions of the
advertisers showing their products on this site. Any such correspondence or
promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between you and the advertiser.
We assume no liability, obligation or responsibility for any part of any such
correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively,
"Communications") available to users of our site, either directly or through a
third-party provider. We make available separate supplemental agreements
characterizing the relationship between you and us that, except where expressly
noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except
with the consent of the sender or the recipient, or in the narrowly-defined
situations provided under the Electronic Communications Privacy Act, or as
other required by law or by court or governmental order. Further information is
available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our
users from mass unsolicited communications (also known as "spam") and/or
other types of electronic communications that we deem inconsistent with our
business purposes. However, such devices or techniques are not perfect, and
we will not be responsible for any legitimate communication that is blocked, or
for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum
permitted storage space, we may employ automated devices that delete or
block email messages that exceed the limit. We will not be responsible for such
deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no representation that
materials on this site are appropriate or available for use in locations outside the
United States, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance with local laws.
Any offer for any product, service, and/or information made in connection with
this site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access
to all or part of the site with or without notice and for any reason, including,
without limitation, breach of these Terms of Use. Any suspected fraudulent,
abusive or illegal activity may be grounds for terminating your relationship and
may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right
to use the services available on this site immediately ceases, and you
acknowledge and agree that we may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or this site. We shall not be liable to you or any third
party for any claims or damages arising out of any termination or suspension or
any other actions taken by us in connection with such termination or
suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within
the United States of America. It can be accessed from all 50 states, as well as
from other countries around the world. As each of these places has laws that
may differ from those of USA, by accessing this site both of us agree that the
statutes and laws of the USA, without regard to the conflicts of laws principles
thereof and the United Nations Convention on the International Sales of Goods,
will apply to all matters relating to the use of this site and the purchase of
products and services available through this site. Each of us agrees and hereby
submits to the exclusive personal jurisdiction and venue any court of competent
jurisdiction within the USA with respect to such matters.
17. Notices
All notices to a party shall be in writing and shall be made either via email or
conventional mail. Notices to us must be sent to the attention of Customer
Service at:contact@installbeat.com
Notices to you may be sent to the address supplied by you as part of your
Registration Data. In addition, we may broadcast notices or messages through
the site to inform you of changes to the site or other matters of importance, and
such broadcasts shall constitute notice to you at the time of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement and understanding
between us concerning the subject matter of this agreement and supersede all
prior agreements and understandings of the parties with respect to that subject
matter. These Terms of Use may not be altered, supplemented, or amended by
the use of any other document(s). Any attempt to alter, supplement or amend
this document or to enter an order for products or services which are subject to
additional or altered terms and conditions shall be null and void, unless
otherwise agreed to in a written agreement signed by you and us. To the extent
that anything in or associated with this site is in conflict or inconsistent with
these Terms of Use, these Terms of Use shall take precedence.
19. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled
to costs and attorneys’ fees. Any cause of action brought by you against us or
our Affiliates must be instituted with one year after the cause of action arises or
be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any
party, and any purported attempt to do so will be null and void. We may free
assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any
commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from
liability for non-delivery or delay in delivery of products and services available
through our site arising from any event beyond our reasonable control, whether
or not foreseeable by either party, including but not limited to, labor disturbance,
war, fire, accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond our
reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or
related rights shall not constitute a waiver of that right or provision.
20. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by Smart Pelican Technologies Group, LLC, the Company. If you notice that any user is violating these Terms of Use, please contact us at: contact@smartpelican.com