Last Updated February 23, 2016
BIEVO SOFTWARE & CONSULTING CORP.
B. YOUR RIGHTS & OBLIGATIONS
- License to Use Bievo
- Payment Terms
- Usage Guidelines & Restrictions
Your use of the Services is subject to all applicable laws and regulations. By using the Services, you agree not to:a) Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;b) Harm minors in any way;c) Misrepresent your identity or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;d) Upload, post, email, or otherwise transmit content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);e) Upload, post, email, or otherwise transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;h) Interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;i) Intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
j) Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, or scripts); or
k) Frame the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
- Mobile Usage
Bievo’s Services include mobile features that allow you to access information in your account from your mobile phone. You acknowledge you are responsible for all charges and necessary permissions related to accessing Bievo through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will apply. The number of messages you receive depends completely on the number of times you, your family, or the communities you join or follow send messages or appointment reminders to your phone.If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In the event you change or deactivate your mobile account, you must promptly update your Bievo account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility.If you use the Services through a mobile device, you agree that you will not use such Services in a way that distracts you and prevents you from obeying traffic and safety laws.
- Disputes Between Users
You are solely responsible for your interactions with other Bievo users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
C. OUR RIGHTS & OBLIGATIONS
- Grant of License
When you upload, submit, store, send, or receive content to or through the Services, you give Bievo (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaption or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, if you create a Bievocommunity). You agree that you have the necessary rights to grant us this license for any content that you submit to our Services.
- User Content
- Update/Change Service
For as long as Bievo continues to offer the Services, Bievo shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Bievo as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Bievo partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Bievo further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Bievo to be contrary to this Agreement. For avoidance of doubt,Bievo has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
- Disclosure of User Information
D. DISCLAIMERS/LIMITATIONS ON LIABIITY
Please read this section carefully since it limits the liability of Bievo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Bievo Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BIEVO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.The Bievo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Bievo Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Bievo Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Bievo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIEVO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BIEVO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BIEVO, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIMTHE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BIEVO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You may end your legal agreement with Bievo at any time for any reason with notice to Bievo. If you stop using the Services without deactivating your accounts or notifying Bievo of your intent to terminate, your account may be deactivated due to prolonged inactivity.
Upon the termination of your Bievo account, you lose access to the Services. In addition, Bievo may block access to the Services from an IP address or range of IP addresses associated with those of terminated users.
Nothing in this section shall affect Bievo’s rights to change, limit or stop the provision of the Services without prior notice.
Bievo respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Bievo will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Bievo Software and Consulting Corp.
Attn: Copyright Agent
133 Range Road
Concord, MA 01742
H. GENERAL TERMS
- Notices and Service of Process
All notices to a party shall be in writing and shall be made either via email, certified mail, or overnight courier. Notices to us must be sent to the following address:Bievo Software & Consulting, Inc.
Attn: Legal Department
133 Range Road
Concord, MA 01742
Email: firstname.lastname@example.orgIn addition, we may post notices on the site to inform you of changes to the Services or other matters, and such publications shall constitute notice to you at the time of posting.
- Entire Agreement
- No informal waivers, agreements or representations
- No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
- Assignment and Delegation