The relationship with us.
We are glad about welcoming you to WEMI (the “Platform”), which is provided by Bees2Biz Inc. in the United States, collectively will be referred to as “WEMI”, “we” or “us”.
These are the terms of service (the “Terms”), which serve as an agreement between you and us and establish the terms and conditions by which you can access and use the Platform and our related websites, services, applications, products and content which collectively are the “Services”. Access to some Services may be subject to age restrictions and are not available to all users of the Services. Our Services are provided for private, non-commercial use. For the purposes of these Terms, words “you” and “your” mean you as the user of the Services we provide. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
Accepting the Terms:
By accessing or using our Services, you confirm that you accept these Terms and that you agree to comply with them.
If you access or use the Services on behalf of a business or entity, then words “you” and “your” include you and that business or entity you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf, and your business or entity is legally and financially responsible for your access or use of the Services. You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
Changes to the Terms:
We can modify these Terms from time to time, when for example we update or improve the functionalities of our Services, or when there are regulatory changes and we will make reasonable efforts to notify all users of any material changes to these Terms, for instance by a notice on our Platform. Accessing or using the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
To access or use some of the services we provide, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you would like your account to be deleted, we can take care of this for you. Please contact us via email@example.com and we will guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Access and use the Services:
Your access to and use of the Services we provide is subject to these Terms and all applicable laws and regulations.
You may not:
- access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian,
- make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the Services or any content included therein,
- distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof,
- market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation,
- use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spam action,
- interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services,
- incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion,
- use automated scripts to collect information from or otherwise interact with the Services,
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity,
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,
- use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful,
- share any private information of any third party, including addresses, phone numbers, email addresses, numbers, and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers,
- upload or share any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person or entity,
- upload any material which is defamatory of any person, obscene, offensive, pornographic, hateful, or aggressive,
- upload or share any material that would constitute, encourage, or provide instructions for a criminal offence, dangerous activities or self-harm,
- upload or share any material that is deliberately developed to provoke people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people,
- upload or share any material that contains a threat of any kind,
- upload or share any comments, opinions, analysis or recommendations that you are not properly licensed or qualified to provide; or
- upload or share material that, in the sole judgment of WEMI, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services, to us or our users.
We respect intellectual property rights and ask you to do the same.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only.
Content generated by users:
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings. The information and materials in the User Content have not been verified or approved by us. The views expressed by other users on the Services do not represent in any way our views or values.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. We recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
If you wish to complain about information and materials uploaded by other users please contact us at: firstname.lastname@example.org.
You agree to defend, indemnify, and hold harmless WEMI, its subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Exclusion of warranties:
Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
The Services are provided “as is” and we make no warranty or representation to you with respect to them. We do not represent or warrant to you that:
- your use of the services will meet your requirements,
- your use of the services will be uninterrupted, timely, secure, or free from error,
- any information obtained by you as a result of your use of the services will be accurate or reliable; and
- defects in the operation or functionality of any software provided to you as part of the services will be corrected.
no conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. we may change, suspend, withdraw, or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice
Limitation of liability:
These Terms constitute the whole legal agreement between you and WEMI and govern your use of the Services and completely replace any prior agreements between you and WEMI in relation to the Services.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
ARBITRATION AND CLASS ACTION WAIVER.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt-out of the arbitration agreement by following the opt-out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and WEBI, you will first contact WEBI and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim relating in any way to your use of WEMI services and/or products, including the Services, or relating in any way to the communications between you and WEMI or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and WEBI. However, this arbitration agreement does not govern any Claim by WEMI for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt-out of this arbitration agreement within thirty (30) days of the first of the date you access or use the Services by following the procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and WEMI are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Bees2Biz LLC, PO BOX 415, Soquel CA, 95073
Email Address: email@example.com
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with WEMI and you are an individual, you may opt-out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and WEMI each waive any right to a jury trial.
If a counter-notice is received by WEMI’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at WEMI´s sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.
Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by emailing us at email@example.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the User Content you want to be removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by WEMI hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
U.S. Government Restricted Rights.
The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You can contact us at firstname.lastname@example.org or write us at Bees2Biz Inc.:
PO BOX 415, Soquel CA, 95073, USA