Terms of service

Effective Date – February 21, 2020

PLEASE NOTE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH THE COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

This Terms of Service (“TOS”) governs your use of the web properties owned and operated by Beasley Broadcast Group, Inc. and its subsidiaries (collectively, “Beasley,” “we”, “us”, or “our”), including, websites, web pages, interactive features, iRadioNow, mobile applications (“Apps”), widgets, blogs, text message promotions, or any website or online service that includes an authorized link to this TOS, and their respective contents (collectively, the “Platforms”) including www.aomvp.com (the “Site”), whether accessed via computer, mobile device or other technology..

By accessing or using the Platforms for any purpose, you understand, acknowledge and agree, without limitation or qualification, to be bound by this TOS and the Beasley Privacy Policy. If you do not agree to the TOS and the Privacy Policy, do not use the Platforms.

General Eligibility:

You must be 18 years of age or older to visit or use the Platforms in any manner. You represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by this TOS. Additionally, our Platforms are designed and targeted to audiences in the United States (“U.S.”) and are governed by and operated in accordance with the laws of the U.S. By using the Platforms, you represent that you meet all eligibility requirements and will use the Platforms in a manner consistent with any and all applicable laws and regulations.

Changes to this TOS:

At any time Beasley reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions. Upon posting, any changes and/or modifications shall become effective immediately. Please review this TOS periodically. Your continued use of the Platforms following the posting of any changes will constitute your acceptance of this TOS. Notwithstanding the provisions contained within this paragraph, Beasley may not reduce your Royalty percentage (as set forth in Section ___, infra) without your written consent.

Additional Terms:

Beasley may provide additional rules or terms and conditions (“Additional Terms”) for certain activities on the Platforms including, without limitation, Apps, email services, contests, sweepstakes, and auctions administered by Beasley or in conjunction with authorized third parties such as our vendors and suppliers that provide internal support to our Platforms. This TOS is incorporated by reference into the Additional Terms, which appear in connection with information about a particular activity. To the extent that any conflict exists between this TOS and any Additional Terms, the Additional Terms for the activity in which you choose to participate shall govern.

Use of Materials Contained on The Platforms:

The content on the Platforms, including but not limited to text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio and/or video, photographs, graphics, product or program titles, software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), information obtained from Beasley’s licensors, and  other materials (“Beasley Material”) is protected by copyright under both United States and foreign laws.  Title to the Beasley Material remains with Beasley.  Nothing stated   or implied on the Platforms confers on you any additional license or right under any copyright, trademark, patent or other intellectual property right of Beasley or any third party unless explicitly provided in this TOS. No Beasley Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or recompiled, reverse engineered or disassembled, except as otherwise provided herein.

You understand, acknowledge and agree that Beasley hereby grants you a limited personal, non-exclusive, non-commercial, non-assignable and non-transferable license that authorizes you to use, display and make one copy of the Beasley Material, including posting on your Facebook page or other social networking sites, provided that you retain all copyright, trademark and other proprietary notices contained in the original Beasley Material on any copy you may make of the Beasley Material. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the Beasley Material in any way for any public or commercial purpose without the express approval of Beasley. Modification of or use of the Beasley Material for any other purpose is a violation of Beasley's or such other sources' copyright, trademark and other proprietary rights. The use of any Beasley Material on any other website, networked computer environment, or other digital technology without Beasley's express written consent is prohibited.

Accounts; Transfer of Data Abroad

Accounts.  In order to access certain features and Services associated with this Site, you will have to create an account (“Account”). There is no charge specifically associated with the creation of an Account to be a Designer/Creative (“Designer”) or Client/Buyer (“Buyer”).  You represent and warrant to Beasley that all information you submit in connection with the creation of your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete, and make modifications as necessary.  If Beasley has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Beasley  reserves the right, in its sole and absolute discretion, to suspend or terminate your Account and has no obligation to provide you with any notice of suspension or termination of your Account.  You are solely responsible for the activity that occurs on and in connection with your Account, whether authorized by you or not, and you will keep your Account information secure, including without limitation your username, password and bank account information.   You will immediately notify Beasley of any breach of security or unauthorized use of your Account.  Beasley will not be liable for any loss you incur due to any unauthorized use of your Account.  You, however, may be liable for any loss Beasley or others incur due to actions associated with your Account, whether caused by you or by an unauthorized person.

Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

User Submissions:

The personal information you submit to Beasley is governed by the Beasley Privacy Policy. To the extent there is an inconsistency between the TOS and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), Beasley does not claim ownership of any information or material a user provides to Beasley or posts, uploads, input, submits, or transmits to the Platforms (“Submission”). Beasley does not claim ownership of any Submission on, to or through our Platforms, or any other material you transmit, distribute, communicate or store on, to or through the Platforms. You will continue to own any Submission or other material, if you are the lawful owner.

You agree that you will not make a Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business;

(b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Platforms, or which, in the judgment of Beasley, exposes Beasley or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you are granting Beasley and our successors and assigns a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral right) and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submission anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of your Submission.

Beasley is free to use any ideas, concepts, know-how, or techniques contained in any communication to the Platforms for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. We are under no obligation to maintain any submission you make and may remove any submission at any time in our sole discretion.

By making a Submission, you also warrant and represent that you own, license, or otherwise lawfully control all of the rights to your Submission, and that our use of your Submission will not infringe or violate the rights of any other person. You are solely responsible for your submission, the consequences of making a Submission, and your reliance on any Submissions. Beasley is not responsible for the consequences of any Submission. Beasley is not responsible for screening or monitoring Submissions made to the Platforms by users. If notified by a user of a Submission allegedly in violation of this TOS, Beasley may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Beasley will have no liability or responsibility to users for performance or nonperformance of such activities.

Beasley reserves the right (but is not obligated) to: (a) record the dialogue on the Platforms; (b) investigate an allegation that a Submission does not comply with this TOS and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with this TOS; (d) terminate a user’s access to any or all parts of the Platforms upon any breach of this TOS or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Platforms, regardless of whether such Submission violates this TOS.

You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account (whether said submissions where authorized by you or not), and the consequences of, and requirements for, distributing it.

With Respect to User Submissions.  You acknowledge and agree that:

i. Your User Submissions are entirely voluntary and not made under duress or due to harassment.

ii. Your User Submissions do not establish a confidential relationship between you and Beasley or obligate Beasley to treat your User Submissions as confidential, proprietary and/or trade secrets.

iii. Beasley and/or Buyer has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

iv. Beasley may be working on the same or similar content, it may already know of such content from other sources, it may wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Beasley and/or Buyer shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted, worldwide and perpetual use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgement or compensation to you or anyone else, except as explicitly set forth in this Agreement.

With Respect to User Content (Other than User Submissions).

If you post or publish User Content to this Site, you hereby grant BEASLEY a worldwide, non-exclusive, royalty-free, sub licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, copy and utilize your User Content in connection with this Site, including without limitation for advertising, marketing and promotion and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.  You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you explicitly designate “private”.)

The Designer agrees to provide the Buyer with a vector file in .EPS format as well as a .JPG of the winning Design.  The Designer also agrees to provide additional variations upon written request, including: White background, colored background, black and white, and solid colors.  Additional requested formats can include .AI and .PNG. All deliverables are referenced herein as “Design” and variation requests are required to take place within two (2) weeks of Buyer selecting a winner.

The Designer represents that, other than the materials provided to the Designer from the Buyer, the Design is a wholly original artwork and was not copied in part or whole from any existing Design work or other entities that would otherwise violate any intellectual property law or any other law or right belonging to a third party.  The Designer represents that he/she is the sole author/owner of the Design, and the Design does not violate any patents, trademarks, service or copyrights of another person, form or entity.

TRANSFER OF OWNERSHIP: The Designer, upon purchase by the Buyer, thereby irrevocably transfers all rights, ownership, intellectual property interest and legal title of the Design (and its parts) to the Buyer.  The Designer will not use the Design in any further derivative work (except for display as an example of the designer’s work for portfolio purposes as indicated herein) nor offer to resell the Design to anyone else, as the Buyer obtains sole and exclusive ownership to the Design as consideration for the purchase.  If the Services provided were designated “Private”, the Designer must seek either written or email permission from the client to display the winning design in his/her portfolio. Beasley retains a non-exclusive, royalty free, worldwide, irrevocable, perpetual license for promotional purposes with respect to usage of all Designs on the Beasley platform and promotion and/or advertisement or related purposes for Beasley.

Submission of Ideas:

Beasley’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Beasley through the Platforms or otherwise shall be the property of Beasley, and may be treated by Beasley as non-confidential information. Beasley shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

DMCA Designated Agent Copyright Notice Procedures:

If you are an owner of intellectual property or an authorized agent of an owner who believes that the your or rightful owner’s intellectual property has been copied without authorization and is accessible on our Platforms in a way that constitutes copyright infringement, you must notify our DMCA Designated Agent in the manner detailed in our DMCA Copyright Complaint Procedures, which are available here.

If you have received a DMCA ‘takedown notice’ you may also file a counter-notification via the instructions in the above link.

Links To Other Platforms:

The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, advertisements, offers, coupons, advice, promotional materials, or other information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Beasley does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Beasley is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. To the fullest extent permitted by applicable law, you agree that Beasley shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Platforms.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on any of the Platforms does not indicate Beasley’s approval or endorsement thereof.

These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Platforms, or based on such third party’s participation or presence on the Site, are solely between you and the third party. Beasley makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Platforms to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. To the fullest extent permitted by applicable law, you further agree that Beasley, our parent

company(s), affiliates and subsidiaries will not be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, invasion of privacy, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within such websites.

Community and Public Areas:

The Platforms may include areas (such as bulletin boards, chat rooms, blogs, comments, links to Beasley’s Facebook page, Twitter account, or other social networking sites and services) where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively "Public Areas"). Such areas do not necessarily reflect the views of Beasley. To the fullest extent permitted by applicable law, Beasley shall not assume or have any responsibility or liability for any Submission posted on Public Areas or for any claims, damages or losses resulting from their use and/or appearance on our Platforms.

Rules of Conduct:

Your use of the Platforms is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. It is a condition of your club membership, subscription, or use of the Public Areas and our Platforms generally that you do not:

Use Platforms or Public Areas to violate any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise.

Inhibit or restrict any other user from enjoying and using the Public Areas, Platforms or enjoyment of other features and activities.

Transmit or post any material that is considered by Beasley, in our sole discretion, to be unlawful, obscene, abusive, harassing, hateful, pornographic, defamatory, embarrassing, threatening, vulgar, libelous, profane or indecent information of any kind, including images and language, or harmful to another user, person or entity.

Post a sexually-explicit or sexually-suggestive image, statement or other content.

Post any message or content that solicits gambling or engagement in any gambling activity.

Delete or revise any Beasley Material or other information on the Platforms.

Upload, or transmit any content, software or other material which violates or infringes upon the rights of others, including but not limited to material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

Use any device, software or routine, or take any action to interfere or attempt to interfere with the proper working of the Platforms or any feature, activity or services being conducted on the Platforms.

Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Platforms other than the search engines and search agents available from Beasley or other than generally available third-party web browsers (such as, but not limited to, Microsoft Internet Explorer, Mozilla, Firefox, and Google Chrome).

Harvest or otherwise collect information about users, including but not limited to, email addresses, IP addresses, unique device IDs, usage, transaction or search history using systematic, electronic methods, or any other means to create or compile (directly or indirectly) a profile, compilation, database or directory without prior written permission from Beasley.

Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or a part of the Platforms.

Link to the Platforms or Beasley Material, frame the Platforms or a part of a Platform, exhibit or display the Platforms in association or connection with an unauthorized logo, name, or other mark; or do anything that could falsely suggest a relationship between Beasley and our Stations with any nonaffiliated third party, or do anything that could potentially deprive us of revenue or user activity (including but not limited to revenue or activity generated from advertisers or other activities and features.

Transmit or upload any information, software or other material which contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or deleterious components or devices.

Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing.

Use the Platforms for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes.

Try to gain unauthorized access to the Platforms; other users' accounts, or computers connected to the Platforms though password mining or any other means.

Post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person or otherwise misrepresent your relationship or affiliation for purposes of using the Platforms, or for registering for any activity, feature, and/or promotion.

Post a profile for anything other than to participate in online discussions.

Send a message to a user for any reason other than to participate in online discussions.

If we discover or are notified by any person or entity of any posting or communication which allegedly does not conform to this TOS, we may, in our sole discretion, investigate the allegation and may thereafter determine whether or not to remove or request the removal of the material, or to take any action to remedy any harm to Beasley or others to prevent further objectionable conduct.

Royalties:

As consideration for the rights granted to Beasley by you under the terms of this Agreement, Beasley  shall provide to your Account (as defined infra) a royalty of twenty (20%) of all Gross Revenue (as defined infra) generated from your licensed product sales in the BEASLEY store (the “Royalty”), unless otherwise agreed upon in writing by you and Beasley.  You shall not be entitled to any royalties other than the Royalty and agree to waive any claim to royalties based on the sale of products in the store that are associated with any other individual, corporation or company. No payments made to your account shall be affected, diminished or supplemented by any third party agreements. 

“Gross Revenue” shall be defined as the proceeds actually received by Beasley for the sale of your branded merchandise through Beasley's platform at the Site, minus refunds, charge backs or fraudulent transactions requiring a refund of Gross Revenues previously received. Beasley will provide you with a reporting of Gross Revenue on the Site. Royalty payments shall be made by Beasley to you at least quarterly, and the reporting of your Gross Revenues will be updated at least monthly.

Termination:

You understand, acknowledge and agree that we reserve the right to expel users from future participation in any Public Areas, from any membership club, or prevent your further access to the Platforms for violating this TOS or any applicable law.

Beasley may terminate the Platforms or any features, activities or services included on or through the Platforms at any time with or without cause or notice to you. Beasley shall not be liable to you or any party for such termination.

Beasley generally does not pre-screen User Content and has no obligation to pre-screen said content.  However, Beasley reserves the right (but undertakes no duty) to do so and unilaterally decide whether any item of User Content is appropriate and/or complies with this Agreement.  Beasley may remove, at its own discretion and without requirement of providing notice, any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Beasley in its sole and absolute discretion), at any time without prior notice.  Beasley may also terminate a User’s access to this Site or the Services found at this Site if Beasley has reason to believe the User is a repeat offender. If Beasley terminates your access to this Site or the Services found at this Site, Beasley may, in its sole and absolute discretion, remove and destroy all data files stored by you on its servers. 

Beasley expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services that it deems necessary, in its sole and absolute discretion, (i) to comply with applicable local, state, national and international laws, rules and regulations, (ii) to comply with requests of law enforcement, including subpoena requests, (iii) to comply with any dispute resolution process, (iv) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (v) to avoid any civil or criminal liability on the part of Beasley, its officers, directors, employees, agents, or affiliates.

Sales and Taxes:

If you place content on this Site for potential sale, you agree to provide true, accurate and complete information.  You are entirely responsible for all content that you provide or otherwise make available via this Site.  You also warrant and represent that you own or otherwise control all of the legal rights to such content including all the rights necessary for you to use and sell the content on this Site.

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries.

The Buyer is responsible for paying the cost for Services requested and any related fees (as defined infra). In the case of design work, The Buyer is given seven (7) days upon completion of Services to select a winning Designer so that Beasley may release the appropriate funds to that winning designer. Beasley reserves to right to release funds to the winner should the Buyer fail to authorize release of the funds within the time frame referenced above. 

You are responsible to pay, (and agree to indemnify and hold Beasley harmless from and against) any taxes imposed by any governmental authority arising out of or relating to your activities under this Agreement. Accordingly, no taxes of any kind shall be withheld from you by Beasley.

You will be responsible to pay, will pay directly, and agree to indemnify and hold Beasley harmless from and against, any fees, monies, or consideration due to your agents, advisors, managers, accountants, financial planners, partners, assigns or representatives arising out of or relating to your Royalty received and/or any other activities under this Agreement. Beasley shall only be liable to the account holder for the Royalty. You will not be entitled to receive any compensation or payments from Beasley other than the Royalty and subject to the terms and conditions as set forth in the remainder of the Agreement.

Fees and Payments:

The Buyer will pay for the Services with a valid, non-expired credit card or through an operable PayPal Account (as defined infra).  The Buyer agrees to pay any fees due for Services purchased at this Site at the time the Buyer orders the Services.  All fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Designer will receive the listed design fee paid by Buyer to Beasley. Beasley will forward the net funds to Designer once the final artwork is approved by the Buyer.   

As indicated above, Beasley, in its sole discretion, expressly reserves the right to modify its prices and fees at any time and such modifications shall be effective immediately as of the date indicated by the “Last Revised” date at the top of this Agreement.

A valid credit card is required as a “Payment Method”.  Beasley will automatically deduct the full amount due at the start of any request for Services.      

Beasley reserves the right to charge you a reasonable administrative fee for tasks outside the scope of its regular Services, including additional costs that may include, but are not limited to, customer service issues that cannot be handled over email, but require personal service, fees incurred by third-party payment providers, including PayPal, and disputes that require legal services.  These charges will be billed via the Payment Method we have on file for you.  Your Payment Method must be kept valid and current at all times.

If for any reason Beasley is unable to charge your Payment Method for any amount owed or if Beasley is charged a penalty for any fee it previously charged your Payment Method, you agree that Beasley may pursue all available legal remedies in order to obtain payment and that you will reimburse Beasley for any attorney fees and costs incurred to obtain payment.

While all transactions are processed in U.S. dollars, Beasley may provide an estimated conversion price to currencies other than U.S. dollars.  You acknowledge and agree that the pricing displayed during the checkout process is an estimate.  Due to potential time delays between actual purchase and the payment settlement, the actual design fee awarded may fluctuate.  Beasley makes no representations or warranties that the estimated fee will be the same or substantially similar to the actual amount listed.  You agree to waive any and all claims based upon any discrepancy between the estimate and the actual fee collected and prize awarded.  

Payments are issued to winning Designers via PayPal.  A valid PayPal account is required in order to collect fees from Beasley.  Beasley does not have the obligation to offer payment options other than those expressly listed in this Agreement.

U.S. Export Laws:

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administration acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”, State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported.

If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 

Indemnification:

You agree to defend, indemnify, and hold Beasley, its officers, directors, employees, agents, licensors, and partners, harmless from and against any and all losses, expenses, damages and costs, claims, actions, governmental investigations or inquiries, lawsuits, proceedings, costs, expenses, demands, or obligations of any kind including, without limitation, reasonable attorney and accounting fees (collectively, “Claims” or individually, a “Claim”) resulting from, or alleged to result from, your misuse of the Platforms, including without limitation, any Submission, your violation of this TOS, or your violation of any rights of another person. Beasley reserves the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Beasley in asserting any available defenses. You may not settle any Claim covered by this Section 14 without Beasley’s prior written approval.

Limitation of Liability/Disclaimer:

OUR PLATFORMS MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT OF DATE INFORMATION. WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR PLATFORMS, OR THAT ANY SUCH INACCURACIES, ERRORS OR ANY  SUCH INFORMATION WILL BE FIXED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER BEASLEY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORMS IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE PLATFORMS.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PLATFORMS IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT ANY OF THE PLATFORMS WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE USE OF OUR PLATFORMS IS AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR ACCESSING THE SERVICES.

You specifically understand, acknowledge and agree that Beasley is not liable for any defamatory, offensive or illegal conduct of any user. Beasley also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Platforms (including any Public Areas) or your downloading of any Beasley Material from the Platforms. Beasley does not warrant or make any representations of any kind or nature with respect to the Beasley Material. You are responsible for compliance with all applicable U.S. local, state or federal laws.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous:

Beasley makes no representation that any materials, features, activities, products, or services on our Platforms are appropriate or available for use in any particular location within the U.S. or outside of the U.S. Persons who choose to access or use our Platforms from other locations do so on their own initiative and risk and are responsible for compliance with their local laws, to the extent local laws are applicable.

This TOS contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and can only be changed or terminated in writing. If any provision of this TOS is found to be illegal or unenforceable, this TOS will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

No Waiver:

Our failure to exercise or enforce any of our rights or to enforce any provision of this TOS will not constitute a waiver of such right or provision.

If any provision of this TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this TOS, which shall remain in full force and effect. No waiver of any of this TOS shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Applicable Laws:

This TOS is governed in accordance with the laws of Florida, United States of America, without regard to its conflict of law provisions.

Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Beasley or Beasley’s employees, agents, successors, or assigns, shall exclusively be settled through binding  and confidential arbitration, except that you or Beasley may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right 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.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND BEASLEY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.

You and Beasley must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Beasley will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Beasley will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this  arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in the state and federal courts in and for Collier County, Florida.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Beasley on the Platforms, this TOS, including the Privacy Policy, constitute the entire agreement between you and Beasley with respect to the use of the Platforms and any Beasley Materials.

Contact Us:

We welcome your questions or comments about this TOS and also welcome any suggestions you may have for improvement of our Platforms. Please contact us via email at privacy@bbgi.com or postal mail:

Beasley Broadcast Group, Inc. ATTN: Privacy Administrator 3033 Riviera Drive, Suite 200

Naples, FL 34103

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