Terms and Conditions Of Service/Use
Effective Date: May 21, 2012
Last Modified: May 21, 2012
By using or visiting the Beast.com website (the “Site”) or any Beast products and services provided to you on, from, or through the Site (collectively the “Service”), you agree to these Terms of Service (the “Terms”) and you acknowledge that you have reviewed and accept our privacy notice, found at www.Beast.com and incorporated herein by reference. If you do not agree to any of these terms or our privacy notice you may not use the Service. The Service includes all aspects of Beast.com, including all deals, offers, products and services offered via the Site, as well as other features. The name Beast, the Beast trademark, and the Beast.com website are owned by Beast (the “Company” or “Beast”), all rights reserved. These Terms apply to all users of the Service.
We may, in our sole discretion, modify or revise these Terms at any time, by posting a revised version of the Terms to our website. Although we may attempt to notify you when major changes are made, you should periodically review the most up-to-date version of the Terms.
You agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
To become a Member, you must set-up a Beast account (“Account”) by submitting an application (“Application”) or by submitting your name, email address and zip code directly on Beast.com. See further instructions and descriptions of Accounts, below.
Revisions to this Agreement
From time to time, Beast may revise this Agreement. Beast reserves the right to do so, and You (the “Member”) agree that Beast has this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting and upon notice to you that changes have been made. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
Beast agrees that if Beast changes anything in this Agreement, we will send an email to all Members indicating a change has been made. The “last modified date” at the top of this Agreement will change to reflect the changed version. If the “last modified” date remains unchanged from the last time You reviewed this Agreement , then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed.
License and Restrictions on Use
The Company grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and any promotional materials listed on the site as being available to members and conditioned on your continued compliance with the Terms. You may not:
(a) use the Service to reproduce copyrighted materials unless such materials (promotional banners and campaigns) are made available to the members on the website
(b) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through Service, or features that enforce limitations on the use of the Service;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(d) modify, adapt, translate or create derivative works based upon or alter in any way the Service or the videos viewed through the Service or any part thereof;
(e) use any robot, spider, scraper, or other automated means to access the Service to aggregate or customize our features and our users’ info, or for any other purpose or to bypass any measures Beast may use to prevent or restrict access to the Service;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
(g) modify, interfere with, or remove any “powered by Beast” messages or similar messages, or any third party advertisements or links appearing at the bottom of a Beast webpage.
(h) give your password to any other person.
The Company, at its sole discretion, may cancel your account and terminate your use of the Site upon any unauthorized use.
By downloading, accessing, or using this Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Beast reserves the right to terminate immediately your access to and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Beast.Com immediately of any unauthorized use of your account or any other breach of security. Beast.com reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
While Beast.com has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Beast is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to these issues.
Beast.com makes no representations or warranties as to the accuracy of the Content. Beast.com is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify Beast.com of the error or omission; however, beast.com does not warrant that such error or omission will be corrected.
The blogs, articles, comments, answers, questions and other features therein are for informational purposes only and provided “as is” without warranties, representations, or guarantees of any kind. Content on Beast.com should never be used as a substitute for advice from a qualified professional. Beast shall not be liable for the accuracy, usefulness or availability of any Beast content, and you agree to hold Beast.com harmless from any loss, harm, injury or damage resulting from or arising out of your use of or reliance on any Beast content.
Beast.com and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that Beast.com has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service.
Copyright and Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Beast and other parties. Members are prohibited from using any Marks for any purpose without the written permission of Beast or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Disclaimer of Warranty
MEMBER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MERCHANTS SITE IS AT MEMBER’S SOLE RISK. NEITHER BEAST.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MERCHANTS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MERCHANT SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MERCHANT SITE.
THIS SITE AND THE MERCHANT SITE ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEAST HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEAST.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, THE SERVICE, THE CONTENT ON THE SITE, OR ANY RELATED SERVICES.
Beast shall have the right, but not the obligation, to monitor the content of the Site and any Merchant site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Beast, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Beast shall have the right, but not the obligation, to remove any material that Beast, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Privacy and License Grant
By posting communications on or through this Site or any Merchants Site, Member shall be deemed to have granted to Beast.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses.
Member agrees to defend, indemnify and hold harmless Beast.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by Member in connection with the Site or any Merchant Sites.
Member is solely responsible for interactions with Merchants and other users of the Site or Merchant Sites. To the extent permitted under applicable laws, Member hereby releases Beast.com from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, Member hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Third Party Content
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, Member, or other user not under contract with Beast.com. Beast.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Beast.com by anyone other than authorized Beast.com employee spokespersons while acting in official capacities. Under no circumstances will Beast.com be liable for any loss or damage caused by a Member’s reliance on information obtained through Beast.com. It is the responsibility of Member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Beast.com.
Beast.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Beast.com of the contents on such third-party sites, and Beast hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If Member decides to access linked third-party websites, Member does so at its own risk. Unless you have executed a written agreement with Beast.com expressly permitting you to do so, you may not provide a hyperlink to the Site or any Merchant Site from any other website. Beast.com reserves the right to revoke its consent to any link at any time in its sole discretion.
By using this Site, Member agrees that: (1) any claim, dispute, or controversy Member may have against Beast.com arising out of, relating to, or connected in any way with this Agreement, this Site, or any Merchant Site, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for Member), or at such other location as may be mutually agreed upon by Member and Beast.com; (3) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Member’s and/or Beast’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the Member is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Beast.com will pay as much of the Member’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Member nor Beast shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Members may visit the AAA website at http://www.adr.org.
Term and Termination
These Terms will take effect at the time you either click “I ACCEPT” or any similar syntax, register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. Beast.com reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and the Terms will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate your Beast membership any time by ceasing to use the Site and by contacting Beast to terminate your account, but all applicable provisions of these Terms will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Beast’s proprietary rights, feedback, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive termination for any reason.
Waiver and Severability
Failure to insist on strict performance of any part of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Beast of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder shall continue in effect.
Successors and Assigns
We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Beast or its assets are acquired by another entity, that entity will assume Beast’s rights and obligations as described in these Terms. You may not assign your rights or obligations hereunder by operation of law or otherwise, without our prior written consent.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.