The beedSocial website, located at https://beed.social/, is a copyrighted work owned by beedCom, a Delaware-based entity. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with the relevant features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.
These Terms of Use outline the legally binding terms and conditions that govern your access to and use of the Site. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS and represent that you have the authority and capacity to agree to these Terms. YOU MUST BE AT LEAST 23 YEARS OF AGE TO ACCESS OR USE THE SITE. IF YOU DISAGREE WITH ANY PROVISION OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
These Terms require that disputes be resolved through individual arbitration as outlined in Section 10.2 and limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms, beedCom grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, noncommercial use.
Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not alter, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or addition to the Site's functionality will be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies.
The Company reserves the right to change, suspend, or terminate the Site, in whole or in part, with or without notice. You acknowledge that the Company will not be liable to you or any third party for any modification, interruption, or termination of the Site or any portion thereof.
No Support or Maintenance
You agree that there is no obligation to provide support or maintenance in connection with the Site.
Intellectual Property Rights
Except for any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Site and its content, are owned by the Company or its suppliers. These Terms and access to the Site do not grant you any ownership rights, title, or interest in any intellectual property rights, except for the limited access rights provided in Section 2.1. All rights not expressly granted in these Terms are reserved.
User Content
User Content: "User Content" refers to any and all information or content that you submit to the Site. You are solely responsible for your User Content and assume all risks associated with its use. You certify that your User Content complies with our Acceptable Use Policy. You may not imply or suggest that your User Content is provided, sponsored, or endorsed by the Company. Since you bear full responsibility for your User Content, you may be liable for its content. The Company has no obligation to back up any User Content posted, and such content may be deleted at any time without notice. You are solely responsible for creating backup copies of your User Content if you wish to retain it.
You grant the Company an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, including sublicensing these rights, solely for purposes of including your User Content in the Site. You hereby irrevocably waive any claims and assertions of moral rights or rights of attribution regarding your User Content.
Acceptable Use Policy
The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party rights, including intellectual property and proprietary rights; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors; or (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party.
Additionally, you agree not to: (i) upload, transmit, or distribute any software intended to damage or alter a computer system or data through the Site; (ii) send unsolicited advertising, junk mail, spam, chain letters, pyramid schemes, or duplicative messages through the Site; (iii) use the Site to collect information on other users without consent; (iv) interfere with or disrupt servers or networks connected to the Site or violate associated policies or procedures; (v) attempt unauthorized access to the Site through password mining or any other means; (vi) harass or interfere with another user's enjoyment of the Site; or (vii) use software or automated agents to create multiple accounts or generate automated searches, requests, or queries on the Site.
We reserve the right to review User Content and may take action, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of these Terms, or otherwise create liability for us or others. Such action may include removing or modifying User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide feedback or suggestions regarding the Site, you assign to the Company all rights in such feedback, allowing it to use and fully exploit the feedback and related information as deemed appropriate. The Company will treat any feedback provided as non-confidential and non-proprietary.
Indemnification
You agree to indemnify and hold the Company, its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by a third party arising from (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. The Company reserves the right to assume exclusive defense and control of any matter requiring your indemnification, and you agree to cooperate in the defense. You agree not to settle any matter without prior written consent from the Company. The Company will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads: The Site may include links to third-party websites and services or display advertisements from third parties. These Third-Party Links & Ads are not under the Company’s control, and the Company is not responsible for their content or practices. Access to these Third-Party Links & Ads is provided only as a convenience, and the Company does not review, approve, monitor, endorse, warrant, or make any representations about them. You assume all risk in using Third-Party Links & Ads and should exercise appropriate caution and discretion. When accessing any Third-Party Links & Ads, the applicable terms and policies of those third parties apply, including their privacy and data collection practices.
Other Users: Each Site user is solely responsible for their own User Content. Because the Company does not control User Content, you acknowledge that it is not responsible for any User Content, whether posted by you or others. You agree that the Company will not be liable for any loss or damage arising from interactions with other Site users. If a dispute arises between you and another Site user, the Company is under no obligation to become involved.
You hereby release and forever discharge the Company, its officers, employees, agents, successors, and assigns from, and waive and relinquish, any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, and causes of action of any kind that arise directly or indirectly from, or relate to, the Site. If you are a Delaware resident, or if Delaware law otherwise applies, you waive any protections provided by Delaware statutes or case law that could limit the application of a general release to unknown or unsuspected claims. This waiver ensures that you fully release all claims, known or unknown, to the maximum extent permitted by law.
Cookies and Web Beacons
Like many websites, the Site uses cookies to store information, including visitors' preferences and the pages accessed or visited. This information helps optimize users' experience by customizing our content based on their browser type and other information.
Google DoubleClick DART Cookie: Google, as a third-party vendor on our site, uses DART cookies to serve ads to our visitors based on their visits to this Site and other websites. Visitors can opt-out of DART cookies by visiting Google’s ad and content network Privacy Policy at https://policies.google.com/technologies/ads.
Our Advertising Partners: Some of our advertising partners may use cookies and web beacons on our site. Each advertising partner has its own Privacy Policy regarding user data, and we provide links to their policies for easier access.
Disclaimers
The Site is provided on an "as-is" and "as available" basis. The Company and its suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Neither the Company nor its suppliers guarantee that the Site will meet your requirements, be available without interruption, timely, secure, or error-free, or that it will be accurate, reliable, free from viruses or other harmful code, complete, legal, or safe. If any warranties are required by applicable law with respect to the Site, they are limited to a duration of ninety (90) days from the date of first use.
Certain jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Additionally, some jurisdictions may not allow limitations on the duration of an implied warranty, in which case the above limitation may not apply.
Limitation on Liability
To the maximum extent permitted by law, neither the Company nor its suppliers shall be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if the Company has been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or loss of data resulting from such access or use.
To the maximum extent permitted by law, notwithstanding anything to the contrary herein, our liability to you for any damages arising from or related to this agreement shall be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of multiple claims will not increase this limit. You agree that our suppliers shall have no liability of any kind arising from or relating to this agreement.
Certain jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. The Company may suspend or terminate your rights to use the Site at any time, for any reason, at its sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that termination of your Account may involve deletion of your User Content associated with your Account from our databases. The Company shall not be liable to you for any termination of your rights under these Terms.
Even after your rights under these Terms are terminated, the following provisions will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
Copyright Policy
The Company respects the intellectual property rights of others and requests that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy that complies with copyright law, which provides for the removal of any infringing materials and for the termination of accounts of users who are repeated infringers of intellectual property rights, including copyrights.
If you believe that a user of our Site is unlawfully infringing your copyright(s) and wish to have the allegedly infringing material removed, please provide the following information in a written notification (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:
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Your physical or electronic signature;
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Identification of the copyrighted work(s) you claim have been infringed;
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Identification of the material on our services that you claim is infringing and that you request us to remove;
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Sufficient information to permit us to locate such material;
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Your address, telephone number, and email address;
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A statement that you have a good faith belief that the use of the objectionable material is not authorized by the copyright owner, its agent, or the law; and
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A statement that the information in the notification is accurate and, under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification may subject the complaining party to liability for any damages, costs, and attorney’s fees incurred by the Company in connection with the notification and the allegation of copyright infringement.
General
These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by sending an email to the last email address you provided and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. If the last email address you provided is invalid, our dispatch of the email containing such notice will still constitute effective notice of the changes described.
Any changes to these Terms will be effective thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice on our Site, whichever occurs first. These changes will be effective immediately for new users. Continued use of our Site following notice of such changes indicates your acknowledgment of the changes and agreement to be bound by the updated terms.
Dispute Resolution
Please read this Arbitration Agreement carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes in connection with these Terms or the use of any product or service provided shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution
Before either party seeks arbitration, a written Notice of Dispute must be sent to the other party describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to our designated address. After receiving the Notice, both parties may attempt to resolve the dispute informally. If the dispute is not resolved within thirty (30) days after the Notice is received, either party may begin arbitration. Settlement offers made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award.
Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association (AAA). If AAA is unavailable, the parties will select an alternative ADR provider. The rules of the ADR provider shall govern all aspects of the arbitration unless they conflict with these Terms. The AAA Consumer Arbitration Rules are available online at adr.org or by calling AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Claims or disputes where the total amount sought is less than Ten Thousand U.S. Dollars (US $10,000) may be resolved through binding non-appearance-based arbitration at the option of the party seeking relief. For claims of Ten Thousand U.S. Dollars or more, the right to a hearing will be determined by the Arbitration Rules. Hearings will be held within 100 miles of your residence unless you reside outside the United States, in which case reasonable notice of the date, time, and place of any oral hearings will be provided. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants an award greater than the last settlement offer made prior to arbitration, we will pay you the greater of the award or $2,500. Each party shall bear its own costs and pay an equal share of the fees and costs of the ADR provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, it shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. Personal appearances by parties or witnesses will not be required unless otherwise agreed.
Time Limits
If arbitration is pursued, the action must be initiated within the statute of limitations and within any deadlines imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will determine the rights and liabilities of the parties involved, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator has the authority to grant motions dispositive of all or part of any claim. The arbitrator can award monetary damages and grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. A written award and a statement of decision will be issued by the arbitrator, detailing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis as a judge in a court of law. The award of the arbitrator is final and binding on all parties.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead opting for arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than those applicable in a court and are subject to very limited review by a court. In the event that any litigation arises between the parties in any state or federal court concerning the enforcement of an arbitration award or otherwise, BOTH PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, opting instead for resolution by a judge.
Waiver of Class or Consolidated Actions
All claims and disputes under this arbitration agreement must be arbitrated or litigated on an individual basis. Class actions, and claims from multiple customers or users, cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality
All aspects of the arbitration proceeding will remain strictly confidential. The parties agree to maintain this confidentiality unless required by law. This provision does not prevent a party from submitting information to a court of law as necessary to enforce this Agreement, enforce an arbitration award, or seek injunctive or equitable relief.
Severability
If any part of this Arbitration Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that specific part will be severed, and the remainder of the Agreement will continue in full force and effect.
Right to Waive
Any or all rights and limitations in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such a waiver will not affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court
Notwithstanding the above, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief
Despite the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding the above, claims for defamation, violations of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
Jurisdiction for Court Proceedings
In any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
Export Control Compliance
The Site may be subject to U.S. export control laws and may also be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Company or any products utilizing such data in violation of United States export laws or regulations.
Company is located at 1207 Delaware Ave. #2270, Wilmington, DE 19806. If you are a Delaware resident, you may report complaints to the Delaware Department of Justice by contacting them in writing at 820 N French St, Wilmington, DE 19801, or by telephone at (302) 577-8600.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were to be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to beedCom is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without beedCom’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. beedCom may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright © [2030] beedCom. All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of beedCom or other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Release and Waiver of Claims
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a Delaware resident, or the release is otherwise governed by Delaware law, you hereby waive any and all protections provided by Delaware statutes or case law that may limit the application of a general release to unknown or unsuspected claims. This waiver is intended to ensure that you fully release all claims, known or unknown, arising from or related to the Site, to the maximum extent permitted by law.