Beast Mobile Website, Wireless Services, and Mobile Application Terms of Use
Last Revised: April 10, 2018
Beast Mobile, Inc., a Washington corporation, is a no-contract wireless telephone service (“Beast Mobile,” “we,” “us” or “our”), which utilizes the network and cellular services operated by AT&T and other select participating carriers (“Partners”). These Terms of Use together with the Privacy Policy (collectively, the “Terms”) govern your access to and use of Beast Mobile’s tools and services, including, but not limited to, our network and cellular services, our application, websites (the “Sites”), SMS, APIs, email notifications, buttons, and widgets, (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (“Content”). By accessing or using the Services you agree to be bound by these Terms. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms.
1. Basic Terms
Beast Mobile’s Services permit businesses and advertisers to deliver ads, coupons, deals, and other advertising content to a user’s mobile lockscreen and within the Beast Mobile Application (“the App”). Beast Mobile rewards users for engaging in the advertising with reward credits (“Reward Credits”), which may be redeemed by select participating carriers (“Partners”) to reduce some or all of the End User’s monthly Charges (as defined below).
You may use the Services only if you are (i) at least 18 years old and can form a binding contract with Beast Mobile, or a minor age 13 through 17 who has been authorized by a parent or guardian that has consented on your behalf to your use of the Services and has agreed on your behalf to these Terms; and (ii) are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Due to the nature of Beast Mobile’s Services, the Services are always evolving and the form and nature of the Services that Beast Mobile provides may change from time to time without prior notice to you. In addition, Beast Mobile may modify or stop (permanently or temporarily) providing the Services (or any features within the Services, including the Reward Credits) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, the personal information you provide Beast Mobile or other information. The types and extent of advertising by Beast Mobile on the Services are subject to change. In consideration for Beast Mobile granting you access to and use of the Services, you agree that Beast Mobile and its third party providers and business partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether provided by you or others.
2. Coverage Area
Beast Mobile’s wireless service can be used only within areas served by our Partners and other networks allowing your use. Various factors may affect or limit actual coverage within these areas. Beast Mobile’s coverage maps depict approximations of outdoor coverage and may include areas for which our service is not available or does not work properly. Actual coverage may differ substantially from the area shown on the maps, as coverage may be affected by terrain, weather, foliage, buildings and other construction, signal strength, customer equipment and other factors. Beast Mobile does not guarantee coverage or network availability.
3. Service Limitations
Beast Mobile’s service uses radio transmissions and therefore may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. Service may be affected by conditions beyond Beast Mobile’s control, including atmospheric, geographic, or topographic conditions, or if your handset is damaged. Gaps in coverage within our estimated coverage areas, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. Therefore, using Beast Mobile’s service outdoors even under optimal conditions does not always mean that service will always be available under all circumstances, at all times or without interruption. For example, if a cellphone transmitter station loses commercial or back-up power, you may not be able to make a call even if your handset is fully charged and you are in a location where you can usually make calls.
THIS MEANS THAT BEAST MOBILE CANNOT ASSURE YOU THAT IF A 911 CALL IS PLACED BY YOU THE CALL WILL BE COMPLETED. FURTHER, EVEN IF YOU CAN COMPLETE A 911 CALL, EMERGENCY RESPONSE PERSONNEL MIGHT NOT BE ABLE TO DETERMINE YOUR LOCATION. Wireless handsets can often be located using satellite signals or other special wireless technologies. However, the same types of conditions that can interfere with your ability to complete wireless calls can also interfere with these handset locating capabilities. For example, although you may be able to make an emergency call while indoors, your handset may not be able to connect to the satellite signal that is needed to locate you. Also, some emergency response agencies may not have the ability to utilize wireless locator technologies. Therefore, you should ALWAYS BE PREPARED TO PROVIDE YOUR ACTUAL LOCATION WHEN MAKING AN EMERGENCY CALL.
4. Credit for Outages
If your service is interrupted for 24 or more continuous hours by a cause within Beast Mobile’s control, Beast Mobile will issue you, upon written request, either a credit equal to a pro-rata adjustment of any recurring charge (if applicable) for the time period the service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period of usage allowances. Beast Mobile liability to subscribers for any service failures is limited solely to the credit set forth above.
5. Charges
Beast Mobile provides service on a postpaid and prepaid basis at the rates and charges applicable to the service plan that you select from among Beast Mobile’s available service plans. Such Charges may be revised from time to time at Beast Mobile’s discretion.
You are responsible for paying all Charges for or resulting from the Services provided under this Agreement, including any activation fee that may apply to each voice or data line. Charges include, without limitation, airtime, roaming, recurring monthly service, activation, administrative, and late payment charges; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges; any other charges or calls billed to your phone number; and applicable taxes and governmental fees, whether assessed directly upon you or upon Beast Mobile (“Charges”).
Airtime and other measured usage (“Chargeable Time”) is billed in full-minute increments, and actual airtime and usage are rounded up to the next full-minute increment at the end of each call for billing purposes. Beast Mobile charges a full minute of airtime usage for every fraction of the last minute of airtime used on each wireless call. Chargeable Time begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press END (or similar key), but not until your wireless telephone’s signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed.
All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be billed in their entirety at the rates for the period in which the call began.
Data transport or usage is calculated in full-kilobyte increments, and actual transport or usage is rounded up to the next full-kilobyte increment at the end of each data session for billing purposes. Beast Mobile calculates a full kilobyte of data transport/usage for every fraction of the last kilobyte of data transport/usage used on each data session. Transport or usage is billed either by the kilobyte (“kB”) or megabyte (“MB”). If billed by MB, the full kBs calculated for each data session during the billing period are totaled and rounded up to next full MB increment to determine billing. If billed by kB, the full kBs calculated for each data session during the billing period are totaled to determine billing. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase measured kilobytes. Data transport/usage occurs whenever your device is connected to our network and is engaged in any data transmission.
Each rate plan carries a predetermined amount of high speed data.
After your high speed data is used all data usage is slowed to a max of 128 Kbps (2G speeds) for the rest of the bill cycle. Audio & video streaming, picture & video messaging, & other data usage will be impacted & may not be fully functional.
Domestic text message airtime is decremented for each text message sent or received.
If you select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime, megabytes or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle.
6. Miscellaneous
A) Calling Scope
Beast Mobile’s service allows calls to be originated and terminated over voice grade connections to and from the public switched telephone network (PSTN) between points anywhere within the fifty United States, without any differentiation in airtime charges, but roaming charges may apply in some cases.
B) Calling Restrictions
Calls to 900/976 numbers cannot be made using Beast Mobile’s service. Beast Mobile may block access to certain other categories of numbers (e.g., international destinations) at its sole discretion.
C) Non-Transferability
Your account, including any airtime balances, is non-transferrable.
D) Ownership of Telephone Numbers
Subscribers acquire no proprietary interest in any telephone number assigned to their accounts.
E) Availability of Services
Beast Mobile’s services are provided at its sole discretion. Subject to compliance with applicable laws, Beast Mobile may modify or withdraw any or all service offerings at any time.
F) Service Only for Non-Commercial Personal Use
Beast Mobile’s services are provided solely for non-commercial, personal use, such as voice calls between two individuals, text and picture messaging (if available) and internet browsing and downloading of content (if available). Other uses have the potential to disrupt reliable service to other subscribers or have an unreasonable impact on network resources, and are therefore considered abuse of the service and are prohibited. Except as specifically provided for in the subscriber’s service plan, such prohibited uses include, but are not limited to, utilization of Beast Mobile’s service for connection to servers, connection to computers, connection to web cameras, connection to machine-to-machine, connection to dedicated data connections, telemarketing purposes, autodialing purposes, transmission of broadcasts, transmission of recorded material, tethering purposes, continuous mobile to mobile voice calls, continuous mobile to landline voice calls, automated text or picture messaging to another mobile device, automated text or picture messaging to another e-mail address, conference call purposes, use with monitoring services, auto-redial purposes, streaming of audio or video data, broadcast purposes, automatic data feed purposes, peer-to-peer (P2P) file sharing purposes, backup for private line purposes, or any and all commercial uses.
Beast Mobile reserves the right to determine at its sole discretion whether prohibited use is taking place and to take steps to stop or prevent such use, such as by terminating the availability of the subscriber’s access to unlimited airtime and placing the subscriber on a pay-as-you-go prepaid plan. Additionally, Beast Mobile reserves the right to terminate or suspend service in the event of abuse.
G) Other Restrictions on Service Use
Beast Mobile’s Services must not be sold or resold to another party. You are responsible for all calling activity that occurs using your wireless handset, including all content transmitted using your handset. Beast Mobile reserves the right to, without notice, block access to certain categories of numbers or certain web sites, in its sole discretion, if Beast Mobile experiences excessive billing, collection, fraud problems, misuse of its network, abnormal calling patterns, including repeated calls of an extended duration or a large number of repetitive calls to a particular number or numbers, or usage that may be harmful or disruptive to Beast Mobile’s systems or other subscribers’ reasonable ability to use Beast Mobile’s services. You must not use Beast Mobile’s services: (a) in a way that could cause damage or adversely affect any of Beast Mobile’s other customers or its reputation, networks, property, or services; or (b) in any way prohibited by any applicable terms or conditions, or Beast Mobile’s published policies, which are available on Beast Mobile’s website. Beast Mobile may, but does not have an obligation to, refuse to transmit any information through Beast Mobile’s service and may screen, filter, and delete information prior to delivery to any subscriber at Beast Mobile’s sole discretion, when consistent with applicable law.
Beast Mobile may modify or cancel any service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these Terms.
7. Privacy
Any information you provide to Beast Mobile is subject to our Privacy Policy, which governs our collection and use of your information. You understand that by using the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to locations within the United States and/or other countries for storage, processing and use by Beast Mobile. To provide you the Services, we may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Beast Mobile account and you may not be able to opt-out of receiving these messages.
8. Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Beast Mobile cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
9. Advertising Content
Any and all advertising Content on the Beast Mobile Services is the sole responsibility of the business or advertiser who originated such Content. While we strive to display attractive ads relevant to you, we may not monitor, control, or take responsibility for such Content. Any use or reliance on any Content or materials displayed on the App or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications displayed via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Beast Mobile be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
10. Reward and Referral Credits
After you set up and register your Beast Mobile account, you may earn Reward Credits by completing “daily check-ins” and advertising offers listed on the “Offer Wall” in the Beast Mobile App. The offers are subject to change without notice. Every one hundred Reward Credits can be redeemed for $1.00 off your cellphone bill. You must have 1,500 Reward Credits to redeem. You cannot earn Reward Credits by engaging in the same offer twice. Reward Credits have no cash value and are not transferrable. Reward Credits constitute only a reward credit which may be redeemed by Partners as a credit to reduce some or all of the End User’s monthly Charges. Please check with your carrier as, unless otherwise prohibited by local law, some Partners may expire Reward Credits after 45 days.
11. Your License To Use the Services
Beast Mobile gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software Beast Mobile provides you as part of the Services. The sole purpose of this license is to enable you to use and enjoy the benefits of the Services as provided by Beast Mobile, in the manner permitted by these Terms.
12. Beast Mobile Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of Beast Mobile and its licensors. The Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the name, trademarks, logos, domain names, or other distinctive brand features of Beast Mobile or any of its owners, affiliates, or other licensors. Should you provide Beast Mobile any feedback, comments, or suggestions regarding its Services, such provision is entirely voluntary and Beast Mobile may, in its sole discretion, use such feedback, comments or suggestions as we see fit without any obligation to you.
13. Restrictions on Content and Use of the Services
Beast Mobile reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Beast Mobile, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Beast Mobile’s computer systems, or the technical delivery systems of Beast Mobile’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise); (iv) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) use any automation software, bot, data-mining tool, hack, tool, agent, engine, or device of any kind to engage with the Services, including in a manner designed to acquire, earn, obtain, or receive Reward Credits; or (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
14. Copyright Policy
Beast Mobile respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion.
15. Ending These Terms
The Terms will continue to apply until they are terminated by either you or Beast Mobile in accordance with this section.
You may end your legal agreement with Beast Mobile at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform Beast Mobile if you stop using the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 9, 12, 13, 14, 15, 16, 17 and 18.
Nothing in this section shall affect Beast Mobile’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
16. Disclaimers and Limitations of Liability
Please read this section carefully since it limits Beast Mobile’s liability and the liability of its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Beast Mobile Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A) Services Provided “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BEAST MOBILE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Beast Mobile Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system or wireless telephone, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) damage or injury caused by use of the Services, including use within a vehicle; (v) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service; and (vi) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Beast Mobile Entities or through the Services, will create any warranty not expressly made herein.
B) Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Beast Mobile Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Beast Mobile Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BEAST MOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BEAST MOBILE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BEAST MOBILE, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BEAST MOBILE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
17. Aggregated Device Data
Aggregated device data, including location and apps, is measured for the purposes of market research by Placed, Inc. For further information please see the Placed Terms of Service and Privacy Policy.
18. Dispute Resolution – Agreement to Arbitrate
You agree that any dispute, claim or controversy between you and the Beast Mobile Entities arising out of or relating to these Terms of Use or Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application or Sites (collectively, “Disputes”) will be settled by binding arbitration between you and the Beast Mobile Entities, except that each party retains the right: (1) to bring an individual action in small claims court and (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the City of Seattle, State of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these conditions of use as a court would. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Beast Mobile otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://www.adr.org/ActiveRules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Unless you and the Beast Mobile Entities otherwise agree, the arbitration will be conducted in Seattle, Washington by one arbitrator. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The prevailing party in the arbitration will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.
19. Digital Millennium Copyright Act (DMCA)
Notification of Infringement
Beast Mobile respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf , Beast Mobile will respond to clear notices of alleged copyright and/or trademark infringement that comply with the Digital Millennium Copyright Act. In addition, Beast Mobile will promptly terminate without notice the accounts of those determined by Beast Mobile to be “repeat infringers.”
If you are a copyright and/or trademark owner, or are authorized to act on behalf of one or authorized to act under any exclusive license of such right, please report alleged acts of infringement taking place on or through the Beast Mobile Site and Services by completing the following DMCA Notice of Alleged Infringement through the process described below. Upon receipt of Notice as described below, Beast Mobile will take whatever action, in its sole discretion, it deems appropriate.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work(s) and/or trademark(s) that you claim has been infringed.
Identify the material(s) and/or link(s) you claim is infringing and that access to which is to be removed or disabled.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted and/or trademarked material is not authorized by the owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright and/or trademark or of an exclusive license under such right that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to support@beast mobile.net.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We Have No Obligation to Adjudicate IP Claims
Claimants and users must understand that we are not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us.
20. General Terms
A) Waiver
Beast Mobile’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
B) Severability
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
C) Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to application of its conflict of law provisions or your state or country of residence.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).
D) Entire Agreement
These Terms and the Beast Mobile Privacy Policy are the entire and exclusive agreement between Beast Mobile and you regarding the Services (excluding any services for which you have a separate agreement with Beast Mobile that explicitly supplements or replaces these Terms). These Terms supersede and replace any prior agreements between Beast Mobile and you regarding the Services. Other than members of the group of companies of which Beast Mobile, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.
E) Revisions and Updates to Terms
We may revise these Terms from time to time, the most current version will always be at our site. If, in our sole discretion, we determine a revision is material we may notify you via an update or e-mail to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
F) Additional Terms from App Provider
If you accessed or downloaded our Services from an app store such as the Apple Store, Google Play or the Amazon Appstore (collectively the “App Providers” and each an “App Provider”), then you acknowledge and agree that:
These Terms of Use are concluded between you and Beast Mobile only, and not with the App Provider, and Beast Mobile is solely responsible for the Services and the Content thereof.
The Beast Mobile Application is only licensed to you on a non-transferable basis to use the Services on a device with the applicable operating system that you either own or control, and you will only use the Services as permitted by the “Usage Rules” set forth in the applicable App Provider’s Terms of Use/Service.
The App Providers have no obligation to furnish any maintenance and support services with respect to the Beast Mobile Application.
Beast Mobile, not Apple, is responsible for addressing any claims made by you relating to the Beast Mobile Application or your possession and/or use of the Beast Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Beast Mobile Application or your possession and use of the Beast Mobile Application infringes that third party’s intellectual property rights, Beast Mobile will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
The App Provider and its subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use directly against you as a third party beneficiary thereof.
In addition, if the App Provider is the Apple Store:
In the event of any failure of the Beast Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Beast Mobile Application back to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Beast Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
These Services are operated and provided by:
Beast Mobile Inc.
215 3rd Avenue
Kirkland, WA 98033