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Terms of Use

Effective Date: March 15, 2012

Welcome to Offbeatr.com. Offbeatr.com, the OffBeatr.com website, and its associated content and services (collectively "Website") are owned by Off Elm Park, LTD ("OffBeatr"). OffBeatr has adopted this Terms of Use Agreement ("Agreement") to notify you of your rights and duties while using the Website.

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

OFFBEATR RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IN THE EVENT OFFBEATR MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE AFTER A CHANGE IN ITS EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.

Warranties

This Website contains adult-oriented content and may only be used or accessed by individuals age eighteen (18) or above. You warrant that you are age eighteen (18) or above, that eighteen (18) is the age of majority and legal consent within the jurisdiction in which you live, that you are of sound mind and competent to agree to the terms of this Agreement, and that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement. If you are accessing the Website on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent of said organization or entity and that you have the authority to bind said organization or entity to the terms of this Agreement.

Privacy Policy

OffBeatr hereby incorporates is Privacy Policy by reference as if fully restated herein.

Ownership of Content and Intellectual Property

OffBeatr is the owner of all rights in and to the Website and its associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The Website is subject to copyright and other intellectual property rights under the law of the United States, foreign states, and international treaties, and OffBeatr provides you with the right to use the Website on a limited basis. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.

OffBeatr hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to OffBeatr.

You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of OffBeatr. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with OffBeatr's robots.txt file.

Trademarks

OffBeatr is the owner of the OFFBEATR mark, which is a registered or common law trademark, design mark, and trade name. OffBeatr is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of OffBeatr. You are prohibited from using OffBeatr's trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a Website, on a product or service, in a domain name, in pay per click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services.

All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.

User Generated Content

OffBeatr may provide you with the ability to upload or transmit user generated content to or through the Website, including, but not limited to, text, comments, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively "User Generated Content"). Except as otherwise provided herein, you own all rights in and to your User Generated Content.

By submitting User Generated Content to the Website, you grant OffBeatr a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

Registered Accounts

In order to obtain access to additional features or areas of the Website, you may be required to register an account ("Account"). You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide OffBeatr with accurate, compete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to OffBeatr. By creating an Account, you agree that OffBeatr may contact you by any available means, including but not limited by email.

Offbeatr reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.

Project Creators

Pre-selected account owners ("Project Creator(s)") contract with Offbeatr to create goal-based Projects ("Projects") which offer digital products ("Products") or non-monetary rewards ("Rewards") for purchase. Products are digital files that can be downloaded immediately after a Supporter makes a purchase. Rewards are unique gifts that are delivered if the Project reaches its sales goal. Each Project has an expiration date to the Project ("Drop Dead Date"), which protects Supporters.

OffBeatr manages the sales for all Products and Rewards associated with a Project. Offbeatr will hold all sales generated by a Project until the Project either: (1) meets its sales goal before the Drop Dead Date; or (2) fails to meet its sales goals by the Drop Dead Date. If a Project Creator's Project meets its sales goals by the Drop Dead Date, OffBeatr will calculate and pay the Project Creator monies owed within sixty (60) days of the Drop Dead Date. If a Project Creator fails to meet its sales goals by the Drop Dead Date, OffBeatr will calculate and pay the Project Creator monies owed and the Project will be closed. Project Creators acknowledge and agree that the sales amount shown on the Website or the Drop Dead Date may not be an accurate representation of the final amount sold. Project Creators will be provided with the final sales amount when payment is finally calculated.

Project Creators warrant that their Project descriptions will be truthful, accurate, and complete. Offbeatr will do its best to provide the Rewards specified in their Project description within the time stated in a ProjectÕs description if the Project reaches its sales goal before the Drop Dead Date. Project Creators further warrant that their Rewards will not: (1) violate any term or condition of this Agreement; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international.

OffBeatr may also sell digital products attached to Projects created by Project Creators. The Project Creator warrants that any products sold through Offbeatr are products to which they own or have the appropriate rights to sell. By offering a Product for sale through the Website, Project Creators grant OffBeatr a limited, non-exclusive, worldwide, perpetual, sublicensable, assignable, non-revocable, and royalty free license to reproduce, prepare derivative works of, distribute copies of, perform publicly, display publicly, and transmit by means of a digital audio transmission the Product(s) for the customary and intended purposes of the Website, including, but not limited to, for the sale and offering for sale of the Product(s) to third parties. Project Creators warrant that their Products will not: (1) violate any term or condition of this Agreement; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. By participating in a Project or by selling a Product, Project Creators expressly waive their right to publicity and privacy with respect to the Project or Product. OffBeatr will provide Project Creators with the ability to limit the scope of the license granted to a purchaser of a Product, and Project Creators are advised to take advantage of this ability to ensure that the license granted to the purchaser of a Product conforms to Project Creators' desires and expectations.

Project Creators warrant that they will create and maintain individually identifiable records pertaining to every performer present or portrayed in any Reward or Product, which, pursuant to 18 U.S.C. § 2257, must contain indicia of the performer's identity, the performer's name and date of birth, and the performer's maiden name, alias, nickname, stage, or professional name. Further, Project Creators warrant that they will provide a digital copy of these records to OffBeatr, will keep and maintain these records for as long as their Project or Reward remains on the Website, and will, upon OffBeatr's request, provide OffBeatr with the ability to examine these records.

Project Creators agree to hold harmless, defend, and indemnify OffBeatr from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to: (1) the creation or use of an Account; (2) the creation or use of a Project; (3) the offering or distribution of a Reward; (4) the sale or offering for sale of a Product; (5) the violation of any term or condition of this Agreement; (6) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (7) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Project Creators' obligation to defend OffBeatr will not provide Project Creators with the ability or right to control OffBeatr's defense, and OffBeatr reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.

Offbeatr reserves the right to accept, reject, modify, suspend, or delete any Project, Product, or Reward at any time and within its sole and absolute discretion.

Financial Transactions

All finincial transactions are conducted in United States Dollars (USD). Transactions can range from a minimum of $1 to $2000.

Supporters

Account owners may purchase Rewards or Products related to a Project which contribute to a Project Creator's sales goals ("Supporters") . Supporters acknowledge and agree that, though OffBeatr is responsible for selling Rewards and Products, and undertakes commercially reasonable efforts to prevent against fraudulent or misleading Projects or Project descriptions, OffBeatr cannot: (1) guarantee that Project Creators will use money gained through sales for their stated or intended purposes; (2) guarantee that Project Creators will provide the Rewards specified within their Project descriptions or within a timely manner; (3) or be held liable for the actions of Project Creators or third parties. Supporters agree to hold harmless, defend, and indemnify OffBeatr from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to: (1) the creation or use of an Account; (2) the purchasing of goods related to a Project; (3) the failure to receive a Reward; (4) the failure to receive a Product; (5) the violation of any term or condition of this Agreement; (6) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (7) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Supporters' obligation to defend OffBeatr will not provide Supporters with the ability or right to control OffBeatr's defense, and OffBeatr reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.

Copyright Policy

The OffBeatr Website and its associated content and services are © 2012 ExtraLunchMoney, LLC.

If you believe that a user of OffBeatr.com has infringed upon your copyright rights, you may provide OffBeatr a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with this section, OffBeatr will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.

This notice of copyright infringement must contain the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work(s) alleged to have been infringed;
  3. The location of the copyrighted work(s) on the Website;
  4. Your contact information, such as an address, telephone, fax number, or email address;
  5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

If you are a Website user that believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:

  1. Identification of the specific materials that have been removed from the Website;
  2. Your contact information, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Los Angeles, California;
  5. A statement that you will accept service of process from the notifying party; and
  6. Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to OffBeatr at support@offbeatr.com.

Offbeatr as Service Provider

You understand that the Website provides content and services that may be sexually explicit, indecent, lewd, lascivious, or obscene and may contain graphic depictions, graphic language, and nudity. By using the Website, you warrant that you are aware of the nature of the content displayed on the Website, that you access the Website on your own volition, and that the Website does not constitute obscenity pursuant to the contemporary community standards of your jurisdiction.

OffBeatr has adopted the RTA symbol to inform parents and its users that OffBeatr is restricted to adults. If you are a parent that would like to restrict your child's access to adult content while using the Internet, OffBeatr advises you to review the list of parental controls and informative links maintained by The Association of Sites Advocating Child Protection, which is accessible at the following link: http://www.rtalabel.org/index.php?content=parents.

OffBeatr undertakes commercially reasonable and industry standard efforts to ensure that any individuals that appear on its Website were, at the time of their appearance, eighteen (18) years of age or older. If you believe that an individual that appears or has appeared on the Website is or was under the age of eighteen (18), you have an affirmative duty to contact OffBeatr immediately at support@offbeatr.com. Any reports of content or conduct involving minors under the age of eighteen (18) will be immediately investigated and OffBeatr may inform and cooperate with law enforcement authorities during its investigation.

You understand and agree that OffBeatr provides a Website service and takes no responsibility and cannot be held liable or responsible for any transactions entered into by or between users of the Website, whether through Accounts or otherwise. OffBeatr makes no representations or warranties as to the truth or falsity of the description of any Project or its Rewards, the legality, quality, or safety of the goods or services offered through the Website or a Project, or the qualifications associated with any Account, Project, Product, or service, including, but not limited to, warranties of title or non-infringement.

Although OffBeatr undertakes commercially reasonable efforts to verify the identity of its Account owners and Project creators, you understand and agree that OffBeatr cannot be held liable or responsible for any claims, demands, liabilities, damages, awards, judgment, costs, or attorney's fees arising out of or related to any user's, Account owner's, or third party's failure to: (1) truthfully or accurately disclose their identity or the qualities or qualifications of their Project, product, or services; (2) use money generated through sales by a Supporter for the purposes listed within the Project Creator's Project description; (3) deliver promised Rewards at the completion of a Project; or (4) comply with any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international.

You acknowledge and agree that OffBeatr is an interactive computer service provider under Section 230 of the Communications Decency Act. Though OffBeatr may edit, remove, or control the content displayed through the Website, you agree that OffBeatr will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the Website or otherwise.

Acceptable Uses

You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from:

  1. Transmitting unsolicited commercial email messages through the Website or to users of the Website;
  2. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  3. Circumventing OffBeatr's technological or security protection mechanisms;
  4. Using a robot, spider, scraper, or other automated technology to access the Website;
  5. Attempting to gain access to the private data or personal information of a user of the Website or a third party;
  6. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
  7. Harassing a user of the Website;
  8. Harassing a third party through your use of the Website;
  9. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  10. Posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties;
  11. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
  12. Posting or transmitting any content in violation of 18 U.S.C. § 2257;
  13. Posting any Project, Product, or Reward that contains or consists of the following:
    1. Images, whether moving or static, containing an individual, whether real or simulated, under the age of eighteen (18);
    2. Images, whether moving or static, containing depictions, whether real or simulated, of rape, violence, snuff, mutilation, bestiality, zoophilia, pedophilia, lolita sex, pre-teen sex, underage sex, autoerotic asphyxia, incest, frotteurism, necrophilia, or death; or
    3. Textual references, including in promotional materials or advertisements, to (a) and (b) above.

Payment

OffBeatr is a service provider and re-seller of the services and products supplied through Projects by Project Creators. Offbeatr charges a fee for listing Projects on Offbeatr. Additionally, OffBeatr will charge fees based on the sales that Offbeatr generates for a Project Creator. These fees charged to Project Creator will consist of a percentage, to be published on the Website and determined in the sole and absolute discretion of OffBeatr, of the sales made by using Offbeat. OffBeatr reserves the right to modify the fees charged to Supporters or Project Creators at any time and in its sole and absolute discretion. All payments for services offered through the Website are non-refundable. You agree to pay all fees and charges on time, and OffBeatr may terminate or disable your access to the Website or your Account if you fail to pay any amount owing to OffBeatr when due. You agree that you will pay all costs of collection, including legal fees, incurred by OffBeatr.

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that OffBeatr is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or OffBeatr's payment processor. You agree that you will not initiate any chargebacks to OffBeatr unless otherwise authorized by OffBeatr in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against OffBeatr.

In the event you dispute the amount or validity of any payments made under this Agreement, you must notify OffBeatr within ten (10) days of any such dispute. You understand that your failure to notify OffBeatr of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

OffBeatr reserves the right to modify or discontinue the Website or any of its associated services at any time, without notice, and in its sole and absolute discretion.

Third Party Links

You acknowledge and agree that the Website may contain links to third party websites that are not owned or controlled by OffBeatr. OffBeatr will not be held liable or responsible for the content of third party websites, and you are advised to review the terms of use agreements and privacy policies of those websites.

Term and Termination

This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your Account through its respective control panel and through your cessation of use of the Website. OffBeatr may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

OFFBEATR PROVIDES THE WEBSITE ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.

Limitation of Liability

OFFBEATR WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNATIVE DAMAGES, EVEN IF OFFBEATR HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

OFFBEATR WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF PROJECTS, PRODUCTS, OR REWARDS. OFFBEATR IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. OFFBEATR RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.

Indemnification

You agree to hold harmless, indemnify, and defend OffBeatr, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your registration or use of an Account, your pledge of funds to a Project, your creation of a Project, your acceptance of funds for a Project, your purchase of Products through the Website, your uploading or transmitting of User Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend OffBeatr under the terms of this Agreement will not provide you with the right to control OffBeatr's defense, and OffBeatr reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend OffBeatr.

Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. OffBeatr may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Resolution of Disputes and Governing Law

This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against OffBeatr will be exclusively resolved through arbitration.

YOU AND OFFBEATR AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, YOUR FUNDING OF PROJECTS, YOUR CREATION OF PROJECTS, YOUR RECEIPT OF REWARDS, OR YOUR PURCHASE OF PRODUCTS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN LOS ANGELES, CALIFORNIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY'S REASONABLE ATTORNEYS' FEES. YOU AND OFFBEATR AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF CALIFORNIA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND OFFBEATR AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind OffBeatr.

Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Limitation on Actions

OFFBEATR AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, PROJECTS, REWARDS, OR PRODUCTS PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

Reservation of Rights

All rights not expressly granted herein are reserved to OffBeatr.

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