This Terms of Use Agreement (the “Agreement") is a legal agreement between “You” and Beetle Moment Marketing LLC (“BMM,” “We” or “Us”) for the Service (as such term is defined below).
The Service is provided by BMM for the purpose of creating a platform for dissemination of Your information and particular services. Through the Service, You may upload assets (including your logo, biography, and multimedia files) and publish multimedia files. The Service may also provide information and links related to other BMM products and services, and third-party products and services.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, BMM IS UNWILLING TO LICENSE THE SERVICE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SERVICE.
By downloading, installing, creating a user account, or otherwise using the Service, You represent to Us that you are at least 18 years old and You agree to be bound by the terms of this Agreement along with the BMM Privacy Policy.
This Agreement governs your use of the Service only. Any other contractual agreements between You and BMM remain in effect.
Subject to Your agreement to be bound by all terms and conditions of this Agreement, BMM authorizes You to use and access BMM’s proprietary software and related media accessible at www.wealthvoice.ai, including all related subdomains (the “Service”). The Service is deemed accepted by You when you access the Website.
Subject to all terms and conditions of this Agreement, BMM hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited license to use and access the Service in accordance with this Agreement and any and all agreements and documents executed by You or delivered by BMM. The Service is licensed to you, not sold, and BMM reserves the right to revoke such license at any time and disable your ability to use the Service for any reason or for no reason.
BMM Privacy Policy. The BMM Privacy Policy located at https://beetlemoment.com/privacy-policy is incorporated herein by reference (“Privacy Policy”). The Privacy Policy provides information about your privacy rights and explains how BMM protects your personal information.
The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved to BMM. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Service except as expressly authorized in this Agreement. No right to use any trademark or trade name of BMM is granted to You hereunder other than the right to display the BMM marks that are placed on the Service and any BMM communications when they are rendered in the Service, in which case such marks may not be altered or removed by You without written approval by BMM.
Accessing the Service and creating an account are free. We provide You with the option to access proprietary content known as the Skill Builder for a monthly subscription fee. Skill Builder subscribers receive access to a specialized website and app (the “Tool”). For purposes of this Agreement, the Skill Builder and access to the Tool is included within the definition of the Service. Through the Service you may post content, review content, and communicate with other users. If You choose to subscribe to the Skill Builder, You agree to immediately pay to BMM the requested amount relative to Your subscription, and that You access the Tool at Your own risk of satisfaction in the Tool. You may also use the Tool with the intent to publish multimedia (the “Skills”). Skills are subject to third-party review and there is no guarantee a particular Skill will result in published content. If Your Skill is published, you hereby agree to immediately pay the invoice We send to you relevant to the publishing of that Skill.
If you subscribe to the Skill Builder, have appropriately submitted a Skill for publication, the Skill is approved for publication by the relevant third-party, and Your Skill is not published within six weeks of that approval, You may request a refund of any setup fees relevant to the Skill by emailing help@wealthvoice.ai. If You have not submitted a Skill to be published, you may also cancel your subscription to the Skill Builder upon 30-days notice by sending an email to help@wealthvoice.ai and requesting such cancellation. Otherwise, the fees You pay to Us are not refundable for any reason. If you have submitted a Skill to be published, you may cancel your subscription to the Skill Builder upon 30-days notice (but not less than one full calendar month) by sending an email to help@wealthvoice.ai and requesting such cancellation, but any fees incurred in connection with any Skills submitted by You are not refundable. You agree that for You to maintain access to Your Skills and for BMM to continue to host Your Skills, you must maintain a current subscription to the Skill Builder.
You acknowledge that BMM has no control over third party systems and services and that Your obligation to pay the monthly subscription fee associated with the Skill Builder is not affected by any failure of or dissatisfaction You may have with third-party functions in association with the Service including, but not limited to, downtime, availability, and technical errors.
BMM may allow You to upload or post audio, video, images, text or other content through the Service, including but not limited through use of the Tool (“User Content”). All feedback and other User Content you provide to BMM or upload through the Service, whether via the Tool or otherwise, shall be deemed to be non-confidential and shall be licensed to BMM for BMM’s unlimited use. Subject to the Privacy Policy and applicable law, and mindful of the representations and warranties You make herein, including but not limited to the representations You make concerning Prohibited User Content (as defined below), You hereby grant BMM a perpetual, irrevocable, worldwide, unlimited, royalty free license to the User Content, including, but not limited to, all unrestricted rights to use all trademarks, patents, copyrights, rights of publicity, rights related to the use of Your likeness including, but not limited to, any rights related to the use of voices or facial depictions, and rights arising from or out of such rights throughout the world. If for any reason this license is deemed to be invalid, then You hereby grant to BMM all rights so that BMM shall be free to use such information on an unrestricted basis, and You grant BMM all appropriate rights to do so in perpetuity.
BMM does not have the obligation to pre-screen any User Content. However, BMM reserves the right to remove or edit any User Content at any time and without notice to You. When you use the Service, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available or provide any content or User Content that:
(collectively “Prohibited User Content”).
If you are a copyright owner and believe that any User Content infringes upon your copyright rights, you may submit a notification to BMM’s Designated Agent at: [Insert Contact Info – mailing address and email address (and possibly number)]. Pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), such notification must include:
A description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Your contact information (email and telephone number); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
You represent and warrant the following during your download, installation, and/or use of the Service:
The Service may display, include, make available or link to content, data, information, applications, websites or materials from third parties (“Third-Party Content”). BMM is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, efficiency, advertising, terms of use, privacy policy, practices, software code or any other aspect of the Third-Party Content. You are encouraged to read the terms of use and privacy policy of any third-party websites to which you connect when using the Service. BMM disclaims all liability arising from or relating to the Third-Party Content.
Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever except to use the Service for its intended purposes.
Use of the Service requires an internet connection and may result in charges from your cellular service provider. BMM is not responsible for any such charges. BMM is also not liable for any disruption, failure or malfunction of the Internet or other service providers or for any other situation or event that is out of BMM’s direct control including, but not limited to, third parties that host User Content. BMM IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH ANY THIRD-PARTY SYSTEMS OR SERVICES.
Unless and to the extent specifically provided otherwise in writing by BMM, you may not:
We may discontinue some or all of the functionality of the Service at any time. We may also terminate your right to use the Service at any time, and in such event we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Service, including without limitation, all driving laws and laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
BMM may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Service or portions thereof available to You under this Agreement for the purpose of, among other things, distributing bug fixes, patches and feature improvements. BMM disclaims any and all liability relating to Your failure to install any updates to the Service. BMM does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Service.
You acknowledge that the Service automatically collects information, data and statistics relating to your use of the Service, and compiles such information, data and statistics. Subject to the terms of the Privacy Policy, BMM reserves the right to use such information, data and statistics in the course of BMM’s business, and you hereby agree to BMM’s use. Unless specifically agreed in writing by BMM, BMM is not responsible for, and hereby disclaims all warranties relating to, the storage of any data for use with the Service.
You shall not share Your user account information with others or allow third parties to use Your login credentials to the Service at any time or for any reason unless otherwise allowed in writing by BMM. You warrant, and BMM may assume and rely on the assumption, that any and all activity and use of the Service under Your user account is done by You. You are solely responsible for maintaining the security of, for example, your username, password, and all other user account information, and You agree that BMM will not be liable for any loss or damages resulting from use of your account by others.
You shall defend, indemnify, and hold harmless, BMM and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Service; (ii) any dispute between You and any other user or users; (iii) Your use, creation or posting of Prohibited User Content; (iv) Your violation or breach of this Agreement, or (v) the infringement by You, or any other user of Your username or account, of any intellectual property or right of any person or entity.
BMM DOES NOT PROMISE THAT THE SERVICE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS PROVIDED BY BMM “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. BMM CANNOT ENSURE THAT THE SERVICE OR ANY FILES OR OTHER DATA YOU DOWNLOAD OR UPLOAD IN RELATION TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICE, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICE, IS AT YOUR OWN RISK. BMM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BMM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF BMM, AND EVEN IF BMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, BMM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, BMM’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO THE SERVICE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST BMM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, BMM may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Service and discontinue exercising all license rights granted by this Agreement. Sections 2.1 through 21 of this Agreement will survive any termination of this Agreement.
This Agreement shall be construed and controlled by the laws of the State of Texas without reference to its choice of law provisions, and You consent to exclusive jurisdiction and venue in the federal courts sitting in Austin, Texas, unless no federal jurisdiction exists, in which case You consent to exclusive jurisdiction and venue in the applicable Texas State Court located in Austin, Texas. You waive and covenant not to assert all defenses of lack of personal jurisdiction and forum non conveniens.
You acknowledge that the Service is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Service, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use and destination restrictions issued by U.S. and other governments.
This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and BMM with respect to Your use of the Service, and any and all other written or oral agreements or understandings previously existing between You and BMM with respect to such use are hereby superseded and cancelled. This Agreement is not intended to supersede or replace any other agreements entered into with BMM by You or Your company. To the extent there are any conflicts or inconsistencies between this Agreement and any other agreement, policy or documentation, the following order of precedence will apply for resolving such conflicts or inconsistencies: (i) this Agreement shall control; and then (ii) any other agreements, policies, or documentation.
Although the Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BMM reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. BMM’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by BMM of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between BMM and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
