Terms and Conditions
Last Update: April 19, 2012
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Beebox Content” means all Content that Beebox makes available through the Site, Application or Service, including any Content licensed from a third party, but excluding Member Content.
“Member” or “Membership” or “User” means a person that completes Beebox. LLC account registration process, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to or is to be made available through the Site, Application or Services.
“Site Content” means Member Content and Beebox Content.
“Beebox Account” Means the account held by the Member that is used to receive gifted monies.
“The Users Beebox” or “The Beebox” refers to the specific receptacle that includes the gift the Users are requesting, and where the Users will be able to track who has been giving the Users some Honey!
“Honey” at beebox means the money that has been collected in the Users Beebox.
CONSENT TO ELECTRONIC DISCLOSURES
Because Beebox Services are provided electronically, the Users must authorize Beebox electronic delivery of any and all communications and disclosures regarding Beebox services and agree to receive information and disclosures electronically on this site, the Application and/or via e-mail and confirm that the Users will download and print any disclosures for the Users own personal records.
By using our services the Users confirm that the Users have the capacity to receive information electronically in order to receive the following disclosures:
- The Beebox Terms and Conditions, including legal disclosures
- Any changes made in the future regarding Beebox Terms and Conditions
- Account information, transaction history and balance
In order to receive this information through an electronic medium, the Users must have a computer or mobile smart phone with internet access and the ability to receive e-mail. Please be advised that some web browsers may not be supported.
The Site, Application and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Application or Services the Users represent and warrant that the Users are 13 or older.
BEEBOX MOBILE APPLICATIONS
Beebox mobile Application allows users to access Beebox services through a mobile device. If the Users use the Application the Users are responsible for any fees that the Users phone service provider charges for SMS, data, etc. Beebox is not affiliated with any phone service providers.
In order to remain compliant with the laws established by the United States of America and the governing fifty states, Beebox reserves the right to obtain, verify and sometimes store personal information. Beebox is not a Money Transmittal Services Business and is thus not required to register with FinCEN (Financial Crimes Enforcement Network), however as required by law Beebox must store certain customer information and cooperate with law enforcement to help the government fight terrorism and money laundering.
In order to access features of the Site, Application and Services and to post any Member Content on the Site, Application or through the Services, the Users must register to create an account (“Account”). The Users must register with Beebox through the Users account with certain third party social networking services, including, but not limited to, Facebook, Twitter and Paypal (collectively, “SNS”) . When the Users register through the Users SNS account, the Users will be asked to login to the Services using the Users SNS account credentials. Creating an Account for the first time via a SNS will prompt the Users to merge the Users Beebox and SNS accounts. By creating an Account via the Users account with an SNS, the Users are allowing Beebox to access the Users SNS account information and the Users are agreeing to abide by the applicable terms and conditions of the Users SNS in the Users use of the Services via such SNS. If the Users are not currently registered as a Member and the Users click to login with an SNS, the Users will first be asked to enter the Users SNS credentials in order to be able to register and join Beebox. Members can automatically post recent activity back to the applicable SNS, and Members also have the option to disable the connection between their Beebox Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services or where available by toggling the SNS button prior to sharing Beebox Content. The members who disable the SNS conection understand that in doing so the services provided by Beebox may be severely affected to the point where they may not function properly.
If the Users become a registered user, the Users will provide true, accurate and complete registration information and, if such information changes, the Users will promptly update the relevant registration information. During registration, the Users will create a user name and password (a “Membership”). The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Beebox reserves the right to suspend or terminate the Users Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. The Users are responsible for safeguarding the Users password. The Users agree not to disclose the Users password to any third party and to take sole responsibility for any activities or actions under the Users Account, whether or not the Users have authorized such activities or actions. The Users will immediately notify Beebox of any unauthorized use of the Users Account.
HOW BEEBOX WORKS
After the Users have created an Account (defined above) to become a Member of Beebox, the Users may use the Services to create, view and share (i) images the Users take using the Users devices camera by using the “I Want” button of the Application, (ii) use the Application to take and upload images that are on the mobile device, or (iii) send messages to the Users friends and followers on other SNS systems. Please note that the Users pictures and messages will be publicly viewable by all visitors to the Site and Application. In order to follow the gifts being asked for by other Members, the Users may search for their pictures in the “I Give” section of the Application or through the Users SNS accounts as they will link the Users directly to the Users friends and followers shared content on our site.
At any time after 35 days after having created a Beebox the Users may redeem the Users Honey that has been sent to the Users by the Users friends and loved ones. When the Users redeem the Users Honey the corresponding funds collected in that specific Beebox will be trasnfered to the Users PayPal account minus applicable fees or chargers. This transfer may take up to 7 Business days and a support email showing the transaction details will be mailed to the email address associated to the Users Beebox Account. If a Beebox goes uncollected for more than 365 days, the specific Beebox will be closed out and any Honey collected minus applicable fees or charges will be automatically sent to the PayPal account associated to the Beebox Account. An email receipt will also be sent to the registered Beebox Users email account when an automatic closure of a Beebox occurs. Once a Beebox has been redeemed or closed no further Honey may be received for that specific product that the Users wanted. All applicable fees and charges will be detailed in FAQ’s (“Cost of Use”) section.
ACCESS AND USE
Our Services are provided for the Users personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a fee, on a per transaction basis or under any other lawful pricing structure. In all instances, our Services are not being sold to the Users; rather, the Users are being granted or purchasing a limited license to use our Services every time a fee is being charged. In addition, unless we specifically tell the Users otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell the Users otherwise, the use of our mobile Application is limited to the relevant device and/or operating system the Users are using at the time the Users purchase a license to use the Application.
In connection with the Users use of our website and/or mobile/tablet applications, the Users account, or the services, or in the course of the Users interactions with Beebox, a User or a third party, the Users will not:
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
Provide false, inaccurate or misleading Information; Send or receive what we reasonably believe to be potentially fraudulent funds; Refuse to cooperate in an investigation or provide confirmation of the Users identity or any Information the Users provide to us; Use an anonymizing proxy; Control an Account that is linked to another Account that has engaged in any of these Restricted Activities. Conduct the Users business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Beebox, a User, a third party or the Users; Have a credit score from a credit reporting agency that indicates a high level of risk associated with the Users use of the Services; Allow the Users Account to have a negative Balance; Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services; Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; Use the Service to test Paypal Account or payment behaviors.
remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission;
collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
use network-monitoring software to determine architecture of or extract usage data from our Services;
encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below);
violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
The Users agree not to do any of the following:
Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, the Beebox name, any Beebox trademark, logo or other proprietary information, or the lathe Userst and design of any page or form contained on a page, without our express written consent;
Access, tamper with, or use non-public areas of the Site or Application, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any Beebox system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Beebox or any of our providers or any other third party (including another user) to protect the Site, Application or Site Content;
Attempt to access or search the Site, Application, Site Content or download Site Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Beebox or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Beebox or Beebox trademark, logo URL or product name without Beebox express written consent;
Use the Site, Application or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, or Site Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Site Content.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;
Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
Impersonate or misrepresent the Users affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Beebox will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Beebox may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. The Users acknowledge that Beebox has no obligation to monitor the Users access to or use of the Site, Application, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure the Users compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Beebox reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Beebox, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Beebox provides users with a means to send and receive a virtual icon, personal message, personal photo and real money among its members. Users may use Paypal Payment Services or a credit card and Beebox will act as an agent on behalf of the sender for that amount (minus fees). Once the recipient agrees to Beebox Terms of Service and “accepts” the gift, ownership of said money will be transferred to the recipient. Beebox role as the sender’s agent has been fulfilled and now Beebox will act as an agent to the recipient until the recipient directs Beebox on how they wish to retrieve their aggregate funds. Once recipient has withdrawn money by any means, Beebox role as an agent facilitating the money has been fulfilled and Beebox is no longer responsible for the use of that money or any other responsibilities with the sender or receiver. For additional information on how our payment service works, go to FAQ’s (“Payment Service”).
Our role in providing Payment Services is limited to providing the Users a means to send funds to another person and/or access funds sent to the Users by someone else. We are not responsible with how any such funds are used, whether to buy products/services that may be promoted through our Services or otherwise.
Subject to all applicable laws, we reserve the right to charge certain fees in connection with the Users use of our Payment Service (whether the Users are sending or receiving funds). These fees may include, but are not limited to, the following:
Transaction Fee – a fee in connection with certain transactions the Users may enter by receiving and sending funds via our Service.
Insufficient Fund/Chargeback Fees – fees in connection with insufficient funds to complete a transaction the Users request, credit card chargeback fees, and similar fees.
Other – other fees we may disclose when the Users establish the Users Membership or send/access funds through our Services.
When the Users send funds by charging the Users Paypal Account using either the Beebox mobile app or website, and the recipient does not redeem the gift within 365 days of the original date of creation for that gift, Beebox will refund the amount gifted to the Users minus any transaction fees and charges associated with the return of funds. If the Users wish to have the Users Paypal Account refunded in the event that a gift is not claimed, the Users must submit a support ticket that will be reviewed by Beebox. This support ticket and refund request must be submitted no less than 345 days prior to the product expiration or 10 days prior to having the Beebox user redeem the gifted monies. Beebox reserves the right to deem whether or not a refund will be issued on the Users Paypal Account.
The Users need to link the Users PayPal Account or Credit Cards associated to the Users PayPal Account to the Users Beebox Account in order to give Honey to the Users friends, family or loved ones.
Senders will not be charged any fees or charges when sending money to a user Beebox.
Users may access the Beebox website and Application from any part of the world that provides them with access to Internet, a Facebook account, Twitter account and a PayPal Account.
Beebox Users must redeem there Honey by clicking on the “Get the Users Honey” button within the Beebox for that particular product that is being redeemed. Users can only redeem gifted monies by providing Beebox with a valid PayPal Account that will be associated to the users Beebox Account and to which all funds will be transferred to in the following seven (7) business days after redeeming gifted monies.
Any and all balances held within a Beebox member account will expire at the end of 365 days at which time all funds minus applicable fees and charges will be transferred to the registered PayPal account linked to the Beebox Member account receiving monies. Beebox will hold the Users funds separate from any Beebox corporate funds. Beebox will also not voluntarily make the Users funds available to its creditors in the event of bankruptcy. While the Users funds are in our custody, Beebox will combine the Users funds with the funds of other Users and place those pooled accounts in one or more bank accounts of Beebox or trust accounts provided by PayPal or other banking entities. Balances held in these accounts may be eligible for FDIC insurance.
The Users agree that the Users will not receive any interest or dividends received on the funds that Beebox or PayPal handles as the Users agent and places in pooled accounts. In consideration for the Users use of the services Beebox offers, the Users irrevocably transfer and assign to Beebox any ownership right that the Users may have in the interest earned on the Users funds and nothing in this agreement grants Beebox any ownership right to the principal of the funds the Users maintain with Beebox. In addition to or instead of earning interest on pooled accounts, Beebox may receive a reduction in fees or expenses charged for banking services by the banks or PayPal Accounts that hold the Users funds.
If the balance in the Users Beebox account is negative, Beebox will offset the negative balance by deducting amounts the Users owe Beebox from money the Users receive in the Users account in the future.
If however the Users account is past due more than 15 days, Beebox reserves the right to charge any credit card the Users have on file or PayPal account or report the account to a collections agency. To secure the Users performance of this Agreement, the Users grant Beebox a lien on and security interest in the Users account.
Beebox will review each chargeback by first attempting to reach out to each user who had initiated the chargeback. Beebox reserves the right to place the account on hold so no further transactions are executed. If chargeback is recognized or the issue is otherwise resolved, Beebox will provide the user with a chargeback reversal form from his/her issuing bank. If the chargeback is not received within 30 days of the filling of a chargeback, Beebox reserves the right to debit the money plus any applicable fees or charges from the recipients Beebox account.
If the chargeback is received and the issue is not resolved with the paying user, Beebox reserves the right to debit the money plus any applicable fees or charges from the recipients account,.
Any account that receives or initiates a chargeback will undergo review by Beebox. Beebox reserves the right to close or put a hold on any account at its discretion.
We welcome and encourage the Users to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). The Users may submit Feedback by emailing us at info@Beebox.me or through the “Contact Us” section of the Site. The Users acknowledge and agree that all Feedback will be the sole and exclusive property of Beebox and the Users hereby irrevocably assign to Beebox and agree to irrevocably assign to Beebox all of the Users right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At Beebox request and expense, the Users will execute documents and take such further acts as Beebox may reasonably request to assist Beebox to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The Site, Application, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Beebox and its licensors exclusively own all right, title and interest in and to the Site, Application, Services and Site Content, including all associated intellectual property rights. The Users will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or Site Content.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Beebox used herein are trademarks or registered trademarks of Beebox. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
BEEBOX CONTENT AND MEMBER CONTENT LICENSE
If the Users decide to use the Application and subject to the Users compliance with the terms and conditions of these Terms, Beebox grants the Users a limited, revocable license, non-exclusive, non-transferable license, without the right to sublicense, to access to install and use such Application on a mobile device that the Users own or control, and to access and view any Member Content, solely for the Users personal and non-commercial purposes. Beebox reserves all rights in the Application not expressly granted to the Users by these Terms.
The Users will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to the Users by implication or otherwise under any intellectual property rights owned or controlled by Beebox or its licensors, except for the licenses and rights expressly granted in these Terms.
ITUNES APPLICATION LICENSE
If the Users download the Application from the iTunes store, the Users agree that the Users will only use the Application as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, accessible at http://www.apple.com/legal/itunes/appstore/us/terms.html.
BEEBOX APPLICATION FROM ITUNES
The following applies to any Application accessed through or downloaded from the Apple iTunes Store (“iTunes Sourced App”):
The Users acknowledge and agree that (i) these Terms are concluded between the Users and Beebox only, and not Apple, and (ii) Beebox, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. The Users use of the iTunes Store Sourced App must comply with the App Store Terms of Service.
The Users acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.
In the event of any failure of the iTunes Store Sourced App to conform to any applicable warranty, the Users may notify Apple, and Apple will refund the purchase price, if applicable, for the iTunes Store Sourced App to the Users and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Store Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Beebox.
The Users and Beebox acknowledge that, as between Beebox and Apple, Apple is not responsible for addressing any claims by the Users or any third party relating to the iTunes Store Sourced App or the Users possession and use of the iTunes Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
The Users and Beebox acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or the Users possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between Beebox and Apple, Beebox, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The Users and Beebox acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to the Users license of the iTunes Store Sourced App, and that, upon the Users acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to the Users license of the iTunes Store Sourced App against the Users as a third party beneficiary thereof.
Without limiting any other terms of these Terms, the Users must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site, Application or Services, the Users hereby grant to Beebox a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Beebox does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that the Users may have to use and exploit any such Member Content.
The Users acknowledge and agree that the Users are solely responsible for all Member Content that the Users make available through the Site, Application and Services. Accordingly, the Users represent and warrant that: (i) the Users either are the sole and exclusive owner of all Member Content that the Users make available through the Site, Application and Services or the Users have all rights, licenses, consents and releases that are necessary to grant to Beebox the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor the Users posting, uploading, publication, submission or transmittal of the Member Content or Beebox use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not guarantee any confidentiality with respect to Member Content even if it is not published through our Services. It is solely the Users responsibility to monitor and protect any intellectual property rights that the Users may have in the Users Member Content, and we do not accept any responsibility for the same.
The Users shall not submit any Member Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. The Users are solely liable for any damage resulting from the Users failure to obtain such permission or from any other harm resulting from Member Content that the Users submit.
The Users represent, warrant, and covenant that the Users will not submit any Member Content that:
violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
is an advertisement for goods or services or a solicitation of sales;
includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
contains a formula, instruction, or advice that could cause harm or injury; or
is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
We reserve the right to display advertisements in connection with the Users Member Content and to use the Users Member Content for advertising and promotional purposes. The Users acknowledge and agree that the Users Member Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor Member Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any Member Content.
SERVICE CONTENT & THIRD PARTY LINKS
We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. The Users may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is the Users responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by the Users reliance on any Service Content.
In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. The Users assume sole responsibility for the Users use of third-party links. We are not responsible for any content posted on third-party websites or liable to the Users for any loss or damage of any sort incurred as a result of the Users dealings with any third-party or their website.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
9737 NW 41st Suite #533
Doral Fl, 33178
If the Users are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that the Users work’s copyright has been infringed, please report the Users notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the Users, such as an address, telephone number, and, if available, an electronic mail address at which the Users may be contacted.
A statement that the Users have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Users are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
TERMINATION AND CANCELLATION
Beebox reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Application or Services or to modify these Terms, at any time and without prior notice. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided the Users with notice of a modification, the Users are indicating that the Users agree to be bound by the modified Terms. If the modified Terms are not acceptable to the Users, the Users only recourse is to cease using the Site, Application and the Services.
DISCLAIMER OF WARRANTIES
THE USERS EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT THE USERS SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, BEEBOX, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET THE USERS REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT THE USERS USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
THE SITE, APPLICATION, SERVICES AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BEEBOX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BEEBOX MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR SITE CONTENT WILL MEET THE USERS REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BEEBOX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BEEBOX OR THROUGH THE SITE, SERVICES, CONTENT OR MEMBER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE USERS ARE SOLELY RESPONSIBLE FOR ALL OF THE USERS COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM THE USERS COMMUNICATE OR INTERACT AS A RESULT OF THE USERS USE OF THE SITE, APPLICATION OR SERVICES. THE USERS UNDERSTAND THAT BEEBOX DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATION OR SERVICES, NOR DOES BEEBOX MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. BEEBOX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. THE USERS AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM THE USERS COMMUNICATE OR INTERACT AS A RESULT OF THE USERS USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF THE USERS DECIDE TO MEET OFFLINE OR IN PERSON.
LIMITATION ON LIABILITY
IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO THE USERS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
CHOICE OF LAW; JURISDICTION AND VENUE
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
DISPUTE RESOLUTION & MANDATORY ARBITRATION
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between the Users and Beebox, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.
AMENDMENT; ADDITIONAL TERMS
These Terms constitute the entire and exclusive understanding and agreement between Beebox and the Users regarding the Site, Application, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Beebox and the Users regarding the Site, Application, Services and Content.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Beebox (i) via email (in each case to the address that the Users provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If the Users have any questions about these Terms or any questions, complaints or claims with respect to the Application, please contact us at 9737 NW 41 Street Doral Fl, 33178 or call us at 305 582-5410, or send us an email at info@Beebox.com.
The failure of Beebox to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Beebox. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.