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Terms of Use

Acceptance of Terms

By visiting EggBeat's website, which is located at http://www.eggbeat.com, and/or using any of EggBeat's services (EggBeat's website and services are collectively EggBeat's Services), you agree to be legally bound by the terms under the Terms of Use. If you do no agree to any of these terms, please do not use EggBeat's services.

In compliance of Children's Online Privacy Protection Act of 1988, by using EggBeat's services, you warrant that you are 18 years or more of age. Users between 13 and 18 years of age must possess the consent of a legal guardian or parent. No users under the age of 13 may use EggBeat's services.

The Terms of Use and your use of EggBeat's services are governed by the laws of the State of California, excluding its conflicts of law rules. Your use of EggBeat's services may be subject to other local, state, national, and international laws. You agree that exclusive jurisdiction for any claim or dispute with EggBeat or relating in any way to your use of EggBeat's services resides in the court of the State of the California.


Modifications to Terms of Use

EggBeat reserves the right to modify and alter the Terms of Use without notice. Though EggBeat may notify users through electronic mail regarding modifications to Terms of Use, it is the sole responsibility of the user to review the Terms of Use for any changes. Modifications of terms are effective immediately once posted on EggBeat's website. By continuing to use EggBeat's services, you agree to the revised Terms of Use.


EggBeat's services

  • EggBeat's services includes, but not limited to, the following tools and resources to help music creators produce and share their works:
    • Contents in the form of guides to educate users about music production
    • Discussion board for exchange of information between music creators and other users
    • An Adobe Flash-based music player that can be embedded in
  • EggBeat reserves the right to modify or terminate its services without notice at anytime and without reason or liability.
  • EggBeat is not responsible for any damages or liabilities that are incurred due to uncontrollable and/or unforeseeable factors causing an interruption or a malfunction of EggBeat's services. Users are ultimately responsible for making backups of any form of data including, but not limited to, files that is submitted to EggBeat.
  • All contents of EggBeat's services excluding User Submissions (see below) are intellectual properties of EggBeat and/or its affiliates or licensors. These contents include, but not limited to the underlying software, graphics, logos, photos, designs, music, and video. All contents of EggBeat may not be used and/or reproduced with out the written consent of EggBeat.
  • EggBeat is not responsible for practices, contents, and/or services provided by other World Wide Web resources that are linked to and from EggBeat's services. When you use a link from EggBeat's website to go to an external website, you are subject to the terms, rules, and policies of the respective website.

Service Usage

  • User Information: It is necessary to register and create an account in order to utilize some parts of EggBeat's service. When creating an account, you warrant all information you provide is accurate.
  • User Submissions:
    • Users are solely responsible for all forms of data including, but not limited to, files and communication records they submit (User Submissions), and the consequences of posting, publishing, and/or submitting them. Users retain ownership of their User Submissions, but they grant EggBeat a world-wide, non-exclusive, royalty-free, and transferable license to use, reproduce, or distribute, the User Submissions. EggBeat also retains the right to utilize User Submissions for promotion of EggBeat's services in any media.
    • You agree that you will not submit any User Submissions of the following:
      • copyrighted materials, materials protected by trade secrets, materials that include privacy and publicity rights unless you are the owner of the materials or you have the permission from their rightful owners to submit the materials to EggBeat and to grant EggBeat
      • materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful
      • materials that disrupt the users’ experience of EggBeat's services to other users including, but not limited to, “spam” and “viruses”
    • EggBeat reserves the right to review and remove any User Submissions from EggBeat's services at anytime without reason
  • You agree not to use EggBeat's services for commercial use, which includes, but not limited to sell, trade, resell any of EggBeat's services.
  • Termination of Service: EggBeat retains the right to terminate your access to EggBeat's services at anytime without notice and without reason.

Intellectual Property Rights and Copyright

EggBeat's copyright policy complies with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that any content or materials in EggBeat's services infringes your copyrights, you may submit a written copyright or intellectual property infringement claim that includes the following:


  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Creative Commons Text

By using EggBeat's website, you agree that all works you create on EggBeat's website or upload to EggBeat's website are licensed under Create Commons Attribution - Noncommercial 3.0 Unported License.


The license states that with regarding to the works you own on EggBeat, Other users are free:

  • to Share — to copy, distribute and transmit the work
  • to Remix — to adapt the work

Under the following conditions:

  • Attribution. Others must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work)
  • Noncommercial. Others may not use this work for commercial purposes.

- For any reuse or distribution, you must make clear to others the license terms of this work. If outside of EggBeat's website, the best way to do this is with a link to here - http://creativecommons.org/licenses/by-nc/3.0/

- Any of the above conditions can be waived if others get permission from the copyright holder.

- Nothing in this license impairs or restricts the author's moral rights.


For more info on the Create Commons Attribution - Noncommercial 3.0 Unported License, please click here - http://creativecommons.org/licenses/by-nc/3.0/


To learn more about Creative Commons, see the following:
Creative Commons Website - http://creativecommons.org/
How it Works (visual explanation) - http://wiki.creativecommons.org/Howitworks_Comic1
Spectrum of Rights (visual explanation of the different licenses)- http://wiki.creativecommons.org/Spectrumofrights_Comic1


International Users

EggBeat's services is governed by U.S. Law and Terms of Use. For Users in regions outside of United States, by using EggBeat's services you agree to let EggBeat collect and use the information as stated in the privacy policy in the Terms of Use, and you agree to comply with the terms set forth in Terms of Use.


Warranty Disclaimer

You agree that your use of EggBeat's services shall be at your sole risk. You agree that you accept EggBeat's services "As Is" and "As Available" with "All Faults", and you acknowledge and agree that EggBeat, and its affiliates, officers, agents, employees, partners, licensors, and suppliers disclaim all warranties, express, or implied, are disclaimed.


Limitation of Liability

You acknowledge and agree that EggBeat and its affiliates, officers, agents, employees, partners, licensors, and suppliers shall not be liable to you for any direct, indirect, incidental, special, consequential or punitive damages that results from the use of EggBeat's services.


Indemnity

You agree to indemnify and hold EggBeat, and its affiliates, officers, agents, employees, partners and licensors harmless from any claims, liabilities, and/or expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of EggBeat's service and/or your violation of the Terms of Use.