BeBeMe™, Inc. (“BeBeMe™” or “we”) operates BeBeMe™.com which is a Global address book where users can register to attain an alias which corresponds to the unique pin number of their BlackBerry® device. BeBeMe™ is also a social networking platform that allows Members to create unique personal profiles online in order to find and communicate with oldand new friends. The services offered by BeBeMe™ include any BeBeMe™-branded URL (the "BeBeMe™ Website"), BeBeMe™ messaging services (including, without limitation, instant messaging, private messaging, and email services), global phone number to alias conversion, concierge service, gift service, business card service, virtual events, and any other features, content, or applications offered from time to time by BeBeMe™ in connection with BeBeMe™’s business (collectively, the "BeBeMe™ Services"). The BeBeMe™ Services are hosted in the United States.
This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of BeBeMe™ Services. By accessing and/or using the BeBeMe™ Services, you agree to be bound by this Agreement, whether you are a visitor (which means that you simply browse the BeBeMe™ Services, including, without limitation, through a mobile or other wireless device, or otherwise use the BeBeMe™ Services without being registered) or you are a member (which means that you have registered with BeBeMe™). You are authorized to use the BeBeMe™ Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement.
BeBeMe™ reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on BeBeMe™ Services. All material modifications will apply prospectively only. Your continued use of the BeBeMe™ Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the BeBeMe™ Services immediately.
Privacy - Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on BeBeMe™. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.
Sharing Your Content and Information - You own all of the content and information you post on BeBeMe™, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with BeBeMe™, you agree to the following:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with BeBeMe™ ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We always appreciate your feedback or other suggestions about BeBeMe™, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Safety - We do our best to keep BeBeMe™ safe, but we cannot guarantee it. We require your assistance and cooperation in order to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications to users (such as spam).
You will not collect users' information, or otherwise access BeBeMe™, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
You will not use BeBeMe™ to do anything unlawful, misleading, malicious, or discriminatory.
You will not facilitate or encourage any violations of this Statement.
Registration and Account Security - BeBeMe™ users provide their real names and information, and we require your assistance and cooperation to keep it that way. Following, are some commitments you agree to make to BeBeMe™ relating to registering and maintaining the security of your account:
You will not provide any false personal information on BeBeMe™, or create an account for anyone other than yourself without permission.
You will not use BeBeMe™ if you are under 13.
You will not use BeBeMe™ if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
You will not use BeBeMe™ if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
Protecting Other People's Rights - BeBeMe™ respects the rights of others, and expects you to do the same.
You will not post content or take any action on BeBeMe™ that infringes someone else's rights or otherwise violates the law.
We can remove any content you post on BeBeMe™ if we believe that it violates this Statement.
If we removed your content for infringing someone else's copyright, and you believe we removed it wrongfully, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks without our prior written permission.
If you collect information from users, you will: obtain their prior consent, make it clear you (and not BeBeMe™) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on BeBeMe™.
Payments - For all purchases made on BeBeMe™.com, you agree to the following Payments Terms:
Making Purchases
When you confirm a transaction on BeBeMe™, you agree to be bound by and pay for that transaction.
Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
Don't commit to a transaction unless you are ready to pay, because all sales are final.
If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
When you "purchase" a gift from our gift shop, we commit to posting the gift and any accompanying message from you on the recipient's profile (or sharing it privately if you choose). Our obligation ends when we deliver the gift and message.
You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
Even though we use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to gifts, we don't transfer an ownership interest in those items. For example, the gifts we make available through our gift shop are licensed to you, not sold.
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH BEBEME.
Payment Sources- We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards.
When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.
When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
Purchasing and Using Credits - You may purchase credits from BeBeMe™ to purchase goods, or to send gifts or special messages to other users.
When you purchase or receive credits, you do not own the credits. Rather, you receive a limited right to use such credits in connection with certain features on BeBeMe™, such as the purchase of a gift.
Purchases of credits are non-refundable.
You will not sell credits to anyone, or transfer them to anyone outside of BeBeMe™.
We may change the purchase price for credits at any time as well as the ways that you can use or transfer credits. We also reserve the right to stop issuing credits.
Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
If you leave a balance of credits unused for three years, we may redeem those credits by sending gifts to your BeBeMe™ friends or donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions).
If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you will lose any accumulated credits.
If we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, we may redeem those credits by donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions).
Actions We May Take - As part of our effort to keep BeBeMe™ safe, we may take certain actions to reduce liability for users and us.
We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
We may cancel any transaction if we believe the transaction violates these Payments Terms or the Terms of Use Agreement, or we believe doing so may prevent financial loss.
We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
We may cancel any credits transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities.
If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
Disputes and Reversals
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent, if applicable.
We may intervene in disputes between users concerning payments but have no obligation to do so.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
Special Provisions Applicable to Advertisers
When you purchase advertising on or through BeBeMe™, you agree to pay all amounts specified in the order, along with any applicable taxes.
You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.
Without limiting section 6(d)(i), your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Notices and Amendments to These Payments Terms
We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: BeBeMe™, Inc., Attention: Legal Department, 44 West 28th Street, 14th Floor, New York, New York 10001
The Payment Terms in place at the time you confirm a transaction will govern that transaction.
We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits. All amendments to these Payment Terms will be made pursuant to Section 10 of the Statement of Rights and Responsibilities.
Other
All of the commitments you make in the BeBeMe™ Terms of Use Agreement apply to payments through BeBeMe™. In the event of any conflict between these Payments Terms and the BeBeMe™ Terms of Use Agreement, the Payments Terms shall prevail.
If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them.
"Us," "we," "our," and "BeBeMe™" mean the same as they do in the Terms of Use Agreement.
Some countries may restrict or prohibit your ability to make payments through BeBeMe™. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.
Special Provisions Applicable to our Links - If you include our Link button on your website, the following additional terms apply to you:
We give you permission to use BeBeMe's™ Link button so that users can post links or content from your website on BeBeMe™.
You give us permission to use such links and content on BeBeMe™.
You will not place a Link button on any page containing content that would violate this Statement if posted on BeBeMe™.
About Advertisements on BeBeMe™ - Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
We do not give your content to advertisers.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertiser - You can target your specific audience by buying ads on BeBeMe™. The following additional terms apply to you if you place an order through BeBeMe™ ("Order"):
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
Your ads will comply with our Ad Guidelines.
We will determine the size, placement, and positioning of your ads.
We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
You can cancel your Order at any time through our website, but it may take us up to seven days before the ad stops running.
Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
We can use your ads and related information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with BeBeMe™ without written permission.
We may reject or remove any ad for any reason.
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
Amendments - BeBeMe™ reserves the right to modify, change or otherwise amend this Agreement from time to time, and each such modification shall be effective upon posting on BeBeMe™ Services.
Termination
- If you violate the letter or spirit of this Agreement, or otherwise create possible legal exposure for BeBeMe™, we can stop providing all or part of BeBeMe™ to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2(b), 2(c), 3-5, 7(b), 10(c), 9(b), 9(e), 9(f), 9(i), 9(j), 9(m), 9(n), and 11-14.
Disputes
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or BeBeMe™ in a state or federal court located in New York County. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York County, New York for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions or your content on BeBeMe™, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP BEBEME UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BEBEME "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BEBEME WILL BE SAFE OR SECURE. BEBEME IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BEBEME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BEBEME WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEBEME'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Definitions
By "BeBeMe™" we mean the features and services we make available, including through (a) our website at www.BeBeMe.com and any other BeBeMe™ branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
By "us," "we" and "our" we mean BeBeMe™, Inc. and/or its affiliates.
By "content" we mean the content and information you post on BeBeMe™, including information about you and the actions you take.
By "post" we mean post on BeBeMe™ or otherwise make available to us.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “user” we mean visitor or a member.
Other
This Agreement makes up the entire agreement between the parties regarding BeBeMe™, and supersedes any prior agreements.
If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Agreement, it will not be considered a waiver.
Any amendment to or waiver of this Agreement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent us from complying with the law.
This Agreement does not confer any third party beneficiary rights.
