Beeswax Neighborhoods.com Terms of Use Agreement
January 01, 2008
Beeswax
Neighborhoods LLC (“Beeswax Neighborhoods” or “we”) operates Beeswax
Neighborhoods.com, which is a neighborhood information exchange and social
networking service that allows Members to find and share helpful information
with their neighbors and between neighborhoods. Beeswax Neighborhoods also allows Members to create unique
personal profiles online in order to find and communicate with neighbors. The services offered by Beeswax Neighborhoods
include any Beeswax Neighborhoods-branded URL (the "Beeswax Neighborhoods
Website"), the Beeswax Neighborhoods alert messaging service, and any
other features, content, or applications offered from time to time by Beeswax
Neighborhoods in connection with Beeswax Neighborhoods’s business
(collectively, the "Beeswax Neighborhoods Services"). The Beeswax Neighborhoods Services are
hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Beeswax Neighborhoods Services. By using the Beeswax Neighborhoods Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Beeswax Neighborhoods Website, including through a mobile device, or otherwise use the Beeswax Neighborhoods Services without being registered) or you are a "Member" (which means that you have registered with Beeswax Neighborhoods). The term "User" refers to a Visitor or a Member. You are only authorized to use the Beeswax Neighborhoods Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Beeswax Neighborhoods Website and discontinue use of the Beeswax Neighborhoods Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Beeswax Neighborhoods Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes Beeswax Neighborhoods's policy for acceptable use of the Beeswax Neighborhoods Services and Content (as defined in Section 6.1 below) posted on or through the Beeswax Neighborhoods Services and your rights, obligations and restrictions regarding your use of the Beeswax Neighborhoods Services and Content posted on or through the Beeswax Neighborhoods Services. In order to participate in certain Beeswax Neighborhoods Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Beeswax Neighborhoods. Unless otherwise provided by the additional terms and conditions applicable to the Beeswax Neighborhoods Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@Beeswax Neighborhoods.com, Subject: Terms of Use Agreement.
Beeswax Neighborhoods may modify this Agreement from time to time and such modification shall be effective upon posting by Beeswax Neighborhoods on the Beeswax Neighborhoods Website. Your continued use of the Beeswax Neighborhoods Services after Beeswax Neighborhoods posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Beeswax Neighborhoods Services and that you provide to other Users. Your Beeswax Neighborhoods profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Beeswax Neighborhoods Members (for instance, in their profile) may, in whole or in part, be unauthorized, inaccurate, impermissible or otherwise violate this Agreement, and Beeswax Neighborhoods assumes no responsibility or liability for this material. If you become aware of misuse of the Beeswax Neighborhoods Services by any person, please click on the "Contact Beeswax Neighborhoods” or the “Report Abuse” link at the bottom of the Beeswax Neighborhoods Website pages.
Beeswax Neighborhoods reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Beeswax Neighborhoods Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Beeswax Neighborhoods expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Beeswax Neighborhoods Services if Beeswax Neighborhoods determines, in its sole discretion, that you have violated this Agreement or pose a threat to Beeswax Neighborhoods and/or its Users.
- Eligibility. Use of the Beeswax Neighborhoods Services and registration to be a Member for the Beeswax Neighborhoods Services (“Membership”) is void where prohibited. By using the Beeswax Neighborhoods Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Beeswax Neighborhoods Services does not violate any applicable law or regulation.
- Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Beeswax Neighborhoods Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account page. Beeswax Neighborhoods may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
- Fees. You acknowledge that Beeswax Neighborhoods reserves the right to charge for any portion of the Beeswax Neighborhoods Services and to change its fees (if any) from time to time in its discretion. If Beeswax Neighborhoods terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Beeswax Neighborhoods immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Use by Members. The Beeswax Neighborhoods Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Beeswax Neighborhoods. Beeswax Neighborhoods reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Beeswax Neighborhoods Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Beeswax Neighborhoods Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Beeswax Neighborhoods reserves the right to take appropriate legal action for any illegal or unauthorized use of the Beeswax Neighborhoods Services.
- Proprietary Rights in Content on Beeswax
Neighborhoods.
6.1 Beeswax Neighborhoods does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Beeswax Neighborhoods Services. After posting your Content to the Beeswax Neighborhoods Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Beeswax Neighborhoods Services, you hereby grant to Beeswax Neighborhoods a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Beeswax Neighborhoods Services, including without limitation distributing part or all of the Beeswax Neighborhoods Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Beeswax Neighborhoods Website. This limited license does not grant Beeswax Neighborhoods the right to sell or otherwise distribute your Content outside of the Beeswax Neighborhoods Services. After you remove your Content from the Beeswax Neighborhoods Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
6.2 The license you grant to Beeswax Neighborhoods is non-exclusive (meaning you are free to license your Content to anyone else in addition to Beeswax Neighborhoods), fully-paid and royalty-free (meaning that Beeswax Neighborhoods is not required to pay you for the use on the Beeswax Neighborhoods Services of the Content that you post).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Beeswax Neighborhoods Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Beeswax Neighborhoods Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Beeswax Neighborhoods Services.
6.4 The Beeswax Neighborhoods Services contain Content of Beeswax Neighborhoods ("Beeswax Neighborhoods Content"). Beeswax Neighborhoods Content is protected by copyright, trademark, trade secret and other laws, and Beeswax Neighborhoods owns and retains all rights in the Beeswax Neighborhoods Content and the Beeswax Neighborhoods Services. Beeswax Neighborhoods hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Beeswax Neighborhoods Content (excluding any software code) solely for your personal use in connection with viewing the Beeswax Neighborhoods Website and using the Beeswax Neighborhoods Services.
6.5 The Beeswax Neighborhoods Services contain Content of Users and other Beeswax Neighborhoods licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Beeswax Neighborhoods Services.
6.6 Beeswax Neighborhoods performs technical functions necessary to offer the Beeswax Neighborhoods Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Beeswax Neighborhoods Services.
7. Content Posted.
7.1 Beeswax Neighborhoods may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Beeswax Neighborhoods violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Beeswax Neighborhoods assumes no responsibility for monitoring the Beeswax Neighborhoods Services for inappropriate or inaccurate Content or conduct. If at any time Beeswax Neighborhoods chooses, in its sole discretion, to monitor the Beeswax Neighborhoods Services, Beeswax Neighborhoods nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inaccurate or inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Beeswax Neighborhoods Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the
kind of Content that is prohibited to post on or through the Beeswax
Neighborhoods Services. Beeswax
Neighborhoods reserves the right to investigate and take appropriate legal
action against anyone who, in Beeswax Neighborhoods's sole discretion, violates
this provision, including removing the offending Content from the Beeswax
Neighborhoods Services and terminating the Membership of such violators. Prohibited Content includes but is not
limited to, Content that, in the sole discretion of Beeswax Neighborhoods:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging;
8.10 contains restricted or password only access pages;
8.11 promotes any criminal activity or enterprise or provides instructional information about illegal activities including making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Beeswax Neighborhoods such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to a users profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Beeswax Neighborhoods Website and through your use of the Beeswax Neighborhoods Services. Beeswax Neighborhoods reserves the right to investigate and take appropriate legal action against anyone who, in Beeswax Neighborhoods's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Beeswax Neighborhoods Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Beeswax Neighborhoods reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Beeswax Neighborhoods deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Beeswax Neighborhoods Services, you acknowledge that you will have caused substantial harm to Beeswax Neighborhoods, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Beeswax Neighborhoods $50 for each such unsolicited email or other unauthorized commercial communication you send through the Beeswax Neighborhoods Services;
8.19 circumventing or modifying any security technology or software that is part of the Beeswax Neighborhoods Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal profile page, or any Beeswax Neighborhoods page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the Beeswax Neighborhoods Services or the networks or services connected to the Beeswax Neighborhoods Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.26 using any information obtained from the Beeswax Neighborhoods Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.27 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Beeswax Neighborhoods Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose;or
8.28 using the Beeswax Neighborhoods Services in a manner inconsistent with any and all applicable laws and regulations.
Protecting Copyrights and Other Intellectual Property. Beeswax
Neighborhoods respects the intellectual property of others, and requires that
our users do the same. You may not
upload, embed, post, email, transmit or otherwise make available any material
that infringes any copyright, patent, trademark, trade secret or other
proprietary rights of any person or entity. Beeswax Neighborhoods has the right to terminate the
Membership of infringers.
10. Member Disputes. You are solely responsible for your interactions with other Beeswax Neighborhoods Members. Beeswax Neighborhoods reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Beeswax Neighborhoods Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Beeswax Neighborhoods is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Beeswax Neighborhoods Services, whether caused by Users of the Beeswax Neighborhoods Services or by any of the equipment or programming associated with or utilized in the Beeswax Neighborhoods Services and such User Content does not necessarily reflect the opinions or policies of Beeswax Neighborhoods. Profiles and third party applications created and posted by Members on the Beeswax Neighborhoods Website may contain links to other websites. Beeswax Neighborhoods is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Beeswax Neighborhoods. Inclusion of any linked website on the Beeswax Neighborhoods Services does not imply approval or endorsement of the linked website by Beeswax Neighborhoods. When you access these third party sites, you do so at your own risk. Beeswax Neighborhoods takes no responsibility for third party advertisements or third party applications that are posted on or through the Beeswax Neighborhoods Services, nor does it take any responsibility for the goods or services provided by its advertisers. Beeswax Neighborhoods is not responsible for the conduct, whether online or offline, of any User of the Beeswax Neighborhoods Services. Beeswax Neighborhoods assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Beeswax Neighborhoods is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Beeswax Neighborhoods Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Beeswax Neighborhoods Services. Under no circumstances shall Beeswax Neighborhoods be responsible for any loss or damage, including personal injury or death, resulting from use of the Beeswax Neighborhoods Services, attendance at a Beeswax Neighborhoods event, from any User Content posted on or through the Beeswax Neighborhoods Services, or from the conduct of any Users of the Beeswax Neighborhoods Services, whether online or offline. The Beeswax Neighborhoods Services are provided "AS-IS" and as available and Beeswax Neighborhoods expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Beeswax Neighborhoods cannot guarantee and does not promise any specific results from use of the Beeswax Neighborhoods Services.
13. Limitation on Liability. IN NO EVENT SHALL BEESWAX NEIGHBORHOODS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BEESWAX NEIGHBORHOODS SERVICES, EVEN IF BEESWAX NEIGHBORHOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BEESWAX NEIGHBORHOODS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BEESWAX NEIGHBORHOODS FOR THE BEESWAX NEIGHBORHOODS SERVICES DURING THE TERM OF MEMBERSHIP.
14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Maryland, without regard to its conflict of law provisions. You and Beeswax Neighborhoods agree to submit to the exclusive jurisdiction of the courts located within the State of Maryland to resolve any dispute arising out of the Agreement or the Beeswax Neighborhoods Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold Beeswax Neighborhoods, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Beeswax Neighborhoods Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Beeswax Neighborhoods Services causes Beeswax Neighborhoods to be liable to another.
17. Other. This Agreement is accepted upon your use of the Beeswax Neighborhoods Website or any of the Beeswax Neighborhoods Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Beeswax Neighborhoods regarding the use of the Beeswax Neighborhoods Services. The failure of Beeswax Neighborhoods to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Beeswax Neighborhoods is a trademark of Beeswax Neighborhoods, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@beeswaxneighborhoods.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
