We're thrilled you've decided to use Bee Technologies Inc.'s platform. To make this document easier to read, we sometimes use Bee instead of Bee Technologies Inc. and refer to our products and services as the "Services" or the "Service". You the user are referred to as "Creator" or "Creators", because you are artists and should be treated as such!
We've drafted these Terms of Service (which we may call the "Terms") so you'll know the rules that govern our relationship with you. Although we have tried our best to make the Terms easier to read, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and Bee Technologies Inc. So please read them carefully.
By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND BEE TECHNOLOGIES INC. TECHNOLOGIES INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND BEE TECHNOLOGIES INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Bee may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Eligibility (ability to accept terms of service)
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
BY USING THE SERVICES, YOU STATE THAT:
You can form a binding contract with Bee Technologies Inc.
You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction-meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition.
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations
You will comply with the Terms, and any other regulations provided by the Social Media application or website which you post to through Bee Technologies Inc..
These Terms apply to all users of the Service, including Creators who also contribute Content to the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, post through, or contribute to the Service. The Service includes all aspects of Bee Technologies Inc., including but not limited to all products, software and services offered via the Bee application.
The Service may contain links to third party websites that are not owned or controlled by Bee. Bee Technologies Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Bee Technologies Inc. will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Bee Technologies Inc. from any and all liability arising from your use of any third-party website.
General Use of the Service - Permissions and Restrictions
Bee Technologies Inc. hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without Bee's prior written authorization.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the Service itself, or other explicitly authorized means Bee Technologies Inc. may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain Bee Technologies Inc.'s prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content.
Prohibited commercial uses do not include:
uploading original content to Bee, or maintaining original content on your Bee Technologies Inc. account, to promote a Bee affiliated business or campaign;
showing Bee content through a linked Instagram account or any user associated social media account;
user content shared through a Bee affiliated company's social media account; or
any use that Bee Technologies Inc. expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service
In your use of the Service, you will comply with all applicable laws.
Bee Technologies Inc. reserves the right to discontinue any aspect of the Service at any time.
What We Do
Bee is a simple and fun way to choose which companies succeed, improve your Instagram, and make money. We put you in charge of the world advertising by creating a marketplace where you can choose which brands you endorse.
From a technical standpoint, we reverse the way advertising is done. In the past, companies approach the people and pay them to advertise. With Bee, we let the people choose their favorite companies to endorse.
Using the Service
In order to access some features of the Service, you will have to create a Bee Account. You may never use another Creator's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Bee immediately of any breach of security or unauthorized use of your account.
Although Bee Technologies Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bee Technologies Inc. or others due to such unauthorized use.
We recognize that what you do is art. As such, we try our absolute best not to control what you post. Unlike other sites, we don't require screening and confirmation from the company before posting. However, we can't just let you post anything. We, like the companies we represent, have a reputation to uphold. As such, we have created some Community Guidelines. Any breach of these Guidelines or of these Terms constitutes grounds for immediate removal of content, withholding of payment, and termination of your account. We have done our absolute best to make sure these terms are fair, to allow you to create amazing content. If you disagree with Bee's Community Guidelines, please email us at firstname.lastname@example.org. We are always open to suggestions on how to make Bee better, and who better than our Creators to help make our Community Guidelines.
While Bee and its partnering companies work hard to monitor for inappropriate content, we need your help to keep the Bee Marketplace a safe and fun place to make money and change the world. If you see any inappropriate, off brand, or poor quality content, please email us at email@example.com.
You may not engage in any "gaming" or "spamming" of the Services, including generating or modifying any data associated with your Account in such a way that it is misleading or fraudulent. You may not create or use technology that undermines or impedes the purposes of the Services. You also may not "cheat" in obtaining likes and comments. In other words, you may not use bots, paid users, etc. to increase like and comment counts artificially. You agree that if Bee discovers, in its sole discretion, that you have violated this provision, all Payments owed to you may be forfeited.
Payment and Financial Agreement
Payments are made to your bank account as designated under your settings on the Service. It is your responsibility to ensure that your (banking) account information is correct and to update your account information as necessary. Payments to your account are subject to Stripe's then current payment terms. We will not be responsible for any payments made to the wrong account.
You will be paid 10 cents per like on each post submitted through Bee subject to Surge Pricing Exceptions.
Common examples of grounds to withhold payment include, but are not limited to, modification of Content after posting, removal of Bee watermark, hateful endorsement, overtly off-brand message, and copyright infringement.
Surge Pricing Exceptions
Surplus Surge Pricing
Bee recognizes that some brands will be more popular than others. We want the best companies to get the best (and most endorsement). However, in order to avoid companies blowing their entire budget in one day of frenzied endorsement, we provide Surplus Surge Pricing. This means that you may be payed less than 10 cents per like for high demand brands. We do not want this to keep you from posting, but simply want you to see other brands, try new things, and determine which company truly is the best. We will always tell you when a campaign is surging.
Shortage Surge Pricing
Companies can also opt into Shortage Surge Pricing. This increases payment per like to more than 10 cents per post. Once again, you will be notified of surge before you share your content with the world.
By using our service, you agree to both Surplus Surge Pricing AND Shortage Surge Pricing (collectively called "Surge Pricing"). Failure to reads these Terms or ignorance of Surge Pricing's effect on your payout does not excuse you from these Terms. If you do not agree to Surge Pricing, we ask you not to use our service.
Inappropriate, hateful, and Overtly Offbrand Material
Use of inappropriate, hateful, copyrighted, or overtly off-brand material are prohibited as covered in Bee's Community Guidelines. Failure to comply with Bee's Community Guidelines is grounds for removal of content, termination of account, and withholding of payment.
Use of our affiliated companies copyrighted material (e.g. logo, name, and other branding) are permitted solely for content posted on behalf of that company. Solely for the company's campaigns, you, the creator, are granted a one time license to use any copyrighted, trademarked, or branded material. Any use outside of that company's promotion is strictly prohibited. All content must be posted through Bee, and cannot be altered once posted to the social media site or application. Any content deemed to be inappropriate, must be removed immediately. You will not be paid for content deemed inappropriate.
Tax regulations may require us to collect appropriate tax information from our Creators, or to withhold taxes from payouts to Creators, or both. To clarify, tax regulations may require us to deduct sales tax or any other taxes (as appropriate to your specific state) from our Payment to you. If you as a Creator fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Creator and failure to provide proper IRS documentation), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes on Content. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Bee cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where you are located may require Taxes to be collected, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of your Payment.
As a Creator, you may create Content. To create content, you will be asked to do something remarkable. You will be asked to be authentic and make something beautiful. You have the power to make the best companies succeed over others, don't squander it on mediocrity. Love the companies you post for, do amazing things, and stay on brand.
You understand and agree that once content is created on Bee, you may not request higher pay, nor may you seek out and create Content with any company directly.
If you are a Creator, you understand and agree that Bee does not act as an employer or as your advertising agency, but rather buys your Content as a wholesale distributor.
When you create content, you must choose to include certain requirements which must be met by Creators who are paid to post Content, such as requiring Creators to disclose their content as an add, include the Bee watermark, and follow the Community Guidelines. Any Creator wishing to be paid for Content must meet these requirements.
If you are a Creator, Bee makes certain tools available to you to help you to make informed decisions about which companies you choose to sell content to. You acknowledge and agree that, as a Creator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who access or otherwise use your Bee account.
Bee may offer Creators the option of using our Instagrammandments, social media guidelines, or analytics for their Content. If you as a Creator, choose to use these tools, you agree to Bee's full commercial use of any data obtained with these tools.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Bee Technologies Inc., subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall not download any Content unless you see a "download" or similar link displayed by Bee on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Bee Technologies Inc. or the respective licensors of the Content. Bee Technologies Inc. and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Bee Technologies Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bee Technologies Inc. with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Bee Technologies Inc., its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content and Conduct
As a Bee account holder you may submit Content to the Service and to social media websites and applications through the Service, including videos and photo content. You understand that Bee Technologies Inc. does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service and to Instagram through the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Bee Technologies Inc., and any companies Bee Technologies Inc. deems fit, all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service and to Instagram or any other digital medium through the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Bee Technologies Inc., you hereby grant Bee Technologies Inc., and any companies Bee Technologies Inc. grants license to, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Bee Technologies Inc.'s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service or affiliated companies' services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Creator and company of the Service a non-exclusive license to access your Content through the Service, and to use, display, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Bee Technologies Inc. may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Bee Technologies Inc. all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Bee's Community Guidelines, currently found here, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
You further agree that you will not submit to the Service or to any social media application or site through the Service, Content or other material contrary to the rules, guidelines, terms of service, or other regulations of the Social Media Application or Site, the rules, Bee's Community Guidelines, Terms of Service, or other regulations of Bee Technologies Inc., or any city, state, or national laws.
Bee Technologies Inc. does not endorse any Content submitted to the Service by any Creator or other licensor, or any opinion, recommendation, or advice expressed therein, and Bee Technologies Inc. expressly disclaims any and all liability in connection with Content. Bee Technologies Inc. does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Bee will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Bee reserves the right to remove Content without prior notice.
The Service is in large part supported by advertising revenue and may display branded content and promotions, and you hereby agree that Bee Technologies Inc. may place such branded content and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You also acknowledge that most content on the Service is branded content, and will treat each campaign (and post) like the paid content it represents
The Service contains content owned or licensed by Bee Technologies Inc. ("Bee Content"). Bee Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Bee, Bee Technologies Inc. owns and retains all rights in the Bee Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark, watermark or other proprietary rights notices incorporated in or accompanying the Bee Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Bee Content.
The Bee name and logo are trademarks of Bee Technologies Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bee Technologies Inc., except with express written consent from Bee Technologies Inc. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Bee Technologies Inc., and may not be copied, imitated or used, in whole or in part, without prior written permission from Bee Technologies Inc..
You will not remove the Bee Technologies Inc.'s watermark (defined as the ad or Bee logo in the bottom right hand corner) from Content posted to the Service or through the Service to another application, site, etc.
You recognize that the Bee Technologies Inc. watermark, can but does not necessarily constitute a disclaimer of your content as an advertisement.
You recognize that additional disclaimers are your responsibility, and your responsibility alone, when content is posted through the Service.
Although it is Bee Technologies Inc.'s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Bee reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Bee Technologies Inc., including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Bee encourages you to maintain your own backup of your Content. In other words, Bee is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Bee Technologies Inc. will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that Bee Technologies Inc. is not responsible for, and does not endorse, Content posted within the Service. Bee Technologies Inc. does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms or Bee's Community Guidelines, you may bear legal responsibility for that Content.
It is Bee Technologies Inc.'s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Bee Technologies Inc. does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Bee is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Intellectual Property, Ownership, and Rights
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our DMCA Agent at 2659 Ellendale Place, Apt. 19, Los Angeles, CA 90007, email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Bee customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Bee Technologies Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or Creator, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bee Technologies Inc.'s sole discretion.
Data Charges and Mobile Phones
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Bee Technologies Inc.
Third Party Sites
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Bee Technologies Inc. is not responsible or liable for a third party's terms or actions taken under the third party's terms.
Subject to your compliance with these Terms, Bee grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application, you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Bee reserves all rights in the Application not expressly granted to you by these Terms.
Modifying the Services and Termination
We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a lifelong Creator, you can terminate these Terms at any time and for any reason by deleting your account.
Bee Technologies Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and Bee Technologies Inc. continue to be bound by Sections 1-3, 6, 7, 9-13 and 18-27 of the Terms. Should any of these sections be deemed invalid, all other sections will still be considered valid and legally enforceable.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE BEE TECHNOLOGIES INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
BEE TECHNOLOGIES INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH BEE TECHNOLOGIES INC. WILL BE RESPONSIBLE FOR.
Limitation of Liability (YT)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEE TECHNOLOGIES INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BEE TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SNAP INC.'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID BEE TECHNOLOGIES INC., IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Bee Technologies Inc., our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND BEE TECHNOLOGIES INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and Bee Technologies Inc. agree that all claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Bee Technologies Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase "all claims and disputes" includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If you choose to arbitrate with Bee Technologies Inc., you will not have to pay any fees to do so. That is because Bee Technologies Inc. will reimburse you for your filing fee and the AAA's Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Bee Technologies Inc. will pay that forum's fees as well.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Bee Technologies Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bee Technologies Inc.
Waiver of Jury Trial. YOU AND BEE TECHNOLOGIES INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Bee Technologies Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Snap Inc. over whether to vacate or enforce an arbitration award, YOU AND BEE TECHNOLOGIES INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 26.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Bee Technologies Inc. can force the other to arbitrate. To opt out, you must notify Bee Technologies Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Snapchat username and the email address you used to set up your Bee account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Bee Technologies Inc., ATTN: Arbitration Opt-out, 2659 Ellendale Place Apt. 19, Los Angeles, CA 90007, or email the opt-out notice to firstname.lastname@example.org.
Small Claims Court. Notwithstanding the foregoing, either you or Bee Technologies Inc. may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Snap Inc.
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Snap Inc. agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Bee Technologies Inc. consent to the personal jurisdiction of both courts.
Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes arising out of or relating to these Terms or their subject matter, including tort and statutory claims and disputes.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
These Terms make up the entire agreement between you and Bee Technologies Inc., and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
Bee Technologies Inc. welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting email@example.com.
Bee Technologies Inc. is located in the United States at 2659 Ellendale Place Apt. 19, Los Angeles, California 90007.