Baveo Inc Terms of Service
YOUR ACCEPTANCE
By using and/or visiting this website (collectively, including all content available through the Baveo.com domain name, the "Website"), you signify your agreement to: (1) these terms and conditions ("Terms of Service"); (2) Baveo Inc's ("Baveo") privacy policy ("Privacy Policy"), incorporated here by reference; (3) Baveo's community guidelines ("Community Guidelines"); and (4) DMCA policy ("DMCA Policy"), incorporated here by reference. If you do not agree with these Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy please do not use the Website.
Although we may attempt to notify you of major changes to these Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy, you are responsible for periodically reviewing the most up-to-date versions. Baveo may, in its sole discretion, modify or revise these Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy at any time, and you agree to be bound by such modifications or revisions.
BAVEO WEBSITE
These Terms of Service apply to all users of the Website, including users who create, view, and access content, information, and other materials or services on the Website.
The Website may contain links to third party websites that are not owned or controlled by Baveo. Baveo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Baveo will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Baveo from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third-party website that you visit.
WEBSITE ACCESS
In order to access some features of the Website, you will have to create an account. 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 Baveo immediately of any breach of security or unauthorized use of your account. You may never use another's account without the account owner's permission.
Baveo is not liable for losses caused by the unauthorized use of your account. You may be liable for the losses of Baveo or others due to such unauthorized use, and you agree to indemnify and hold Baveo harmless for any losses caused by the unauthorized use of your account.
GENERAL USE OF THE WEBSITE
Ownership of Code and Content
Baveo does not claim any ownership rights in content you post on the Website. You own the content that you create and upload. After posting your content, you continue to retain all ownership rights in such content, and you continue to have the right to use and license your content in any way you choose.
Baveo retains all ownership rights in code and content developed by Baveo and provided to Website users (individually "Baveo Code" and "Baveo Content, collectively "Baveo IP").
These Terms of Service include a number of licenses that you grant Baveo because they are necessary for Baveo to make your content available through the Website. For example, you grant Baveo a license to modify content so that Baveo can format your content to meet technical requirements. For sites marked by you the user as "Public", you also grant Baveo a license to publicly perform and publicly display content so that Baveo can make the Content available for other users to view. For sites marked by you the user as "Private", you also grant Baveo a license to perform and privately display content to users that you have specified so that Baveo can make the Content available for other users to view.
Licenses to Code
During the term of these Terms of Service, Baveo grants you a limited, revocable license to use the software and Baveo Code underlying and enabling the Website as required for your use of the Baveo sites built on top of it, subject to these Terms of Service. You do not have the right to reproduce, distribute, publicly display, or modify Baveo Code, or create derivative works of Baveo Code.
Licenses to Content
If a Baveo is deleted the content associated with that Baveo may also be deleted at Baveo's discretion. You are encouraged to maintain a backup of your content given the prospect of such deletion.
Baveo grants to you an exclusive, royalty-free, worldwide license to all Baveo Content as is necessary for you to create your own Baveo sites, make your Baveo sites available to users of the Website, and to access and interact with Baveo sites on the Website.
Other Proprietary Rights Matters
You agree to comply with the license and restrictions applicable to each item of content you post, copy, access, or use. You agree that all intellectual property accessible on the Website or a Baveo, other than the content you provide, is owned by Baveo or the applicable user(s). Except as is necessary for you to create your own Baveo sites, make your Baveo sites available to users of the Website, and to access and interact with Baveo sites on the Website, you agree not to:
- Modify, distribute, or create derivative works based upon the Website.
- Run, rent, lease, loan, or sell access to the Website.
- Decompile, reverse engineer, or copy the Website or any Baveo for which the source code is not provided to you.
- Reproduce or distribute any intellectual property outside the applicable Baveo site.
Content from other users or advertisers is made available to you through Baveo sites or the Website. Because Baveo does not control such content, you agree that Baveo is not responsible for any such content, including advertising and information about third party products or services. Your interactions with other users on Baveo sites or the Website, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other users. As with any web-based interaction, Baveo suggests that you use caution and good judgment. You agree that Baveo is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's use or disclosure of your personal data. If there is a dispute between you and any third party (including any user), Baveo is under no obligation to become involved. You release Baveo, its officers, employees, agents, successors, and assigns from claims, demands and damages of every kind or nature arising out of or related to any disputes with: (i) other users; (ii) third-parties, (iii) a Baveo; or (iii) the Website.
Baveo may offer fee-based premium services. If you choose to sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.
You are responsible for implementing and maintaining all support for your Baveo sites. You must ensure your use of the Website does not unduly degrade the Website's performance. If your Baveo site exceeds any quotas and limitations set by Baveo or otherwise degrades performance of the Website or other Baveo services in any way, Baveo may suspend your use of the Website at its sole discretion.
BAVEO COMMUNITY GUIDELINES
You are solely responsible for your conduct on the Website. You also agree not to post or make available any content for which you don't have sufficient rights to use or license. This means that you may not include third-party content that is subject to license terms that are incompatible with the licenses you grant under these Terms of Service.
You also agree not to post, email, or otherwise make available on the Website or any Baveo, content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
- Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
- Impersonates a Baveo employee or user, or falsely states or otherwise misrepresents your affiliation with a person or entity
- Includes personal or identifying information about another person without that person's explicit consent
- Is false, deceptive, misleading, deceitful, or constitutes "bait and switch"
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
- Creates, sends, or enables anything that constitutes or contains "chain letters," "pyramid schemes," or any advertisement that you are prohibited by law from sending
- Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
- 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
- Disrupts the normal flow of dialogue with an excessive number of messages on the Website or a Baveo, or that otherwise negatively affects other users' ability to use the Website or a Baveo Site.
- Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted to the Website or a Baveo Site.
- 'Stalk' or otherwise harass anyone
- Collect personal data about other users for commercial or unlawful purposes
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website or a Baveo Site - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org), or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved"
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content, or otherwise impose an unreasonable or disproportionately large burden on the Website or a Baveo Site
- Attempt to gain unauthorized access to Baveo's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website or a Baveo Site
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Website or a Baveo Site
PRIVACY AND SPAM
You agree to comply with all applicable laws with respect to the collection, use, and disclosure of any user's personal data, and email communications, including without limitation CAN-SPAM, Electronic Communications Privacy Act, Stored Communications Act, Communications Decency Act, Children's Online Privacy Protection Act, Communications Privacy Act, Financials Privacy Acts, Video Privacy Act, Telephone Consumer Protection Act, Driver's Privacy Protection Act, Identity Theft and Assumption Deterrence Act, applicable state laws, applicable federal laws, and applicable laws in non-U.S. jurisdictions.
You agree to comply with all relevant aspects of the Privacy Policy. You agree not to collect or use personal data except as permitted by the Privacy Policy. You agree not to use any personal data disclosed to you by Baveo for any purpose other than using the Website or a Baveo Site in accordance with these Terms of Service and the Privacy Policy. You agree not to harvest any email addresses from the Website or any Baveo sites. If Baveo provides you, either intentionally or unintentionally, with personal data about Website users, you agree to (1) comply with applicable law and Baveo's rules (including the Privacy Policy and anti-spam policy) with respect to such personal data and (2) to indemnify Baveo for your use of such personal data.
INFRINGEMENT OF INTELLECTUAL PROPERTY
To the extent you administer a Baveo Site(s), you agree to promptly address any intellectual property owner's written notice (including any notices forwarded to you by Baveo) that specified content provided by user of a Baveo that you administer infringes that intellectual property owner's rights in his intellectual property, provided that the notice substantially complies with the requirements in the Baveo DMCA Policy. You also agree to promptly notify Baveo of any such written notices in accordance with the requirements of the Baveo DMCA Policy. If you do not promptly remove the content specified in the notice, Baveo may remove the content without any liability to you or to the user that posted such content. Unless otherwise required by law or court order, Baveo is not responsible for deleting content on your behalf. Baveo maintains and enforces a policy of terminating the accounts of users who are repeat infringers of third-party intellectual property.
YOUR ACCOUNT
These Terms of Service commence upon your use of the Website and continue until you terminate your use of the Website, until Baveo terminates your right to access the Website, or until Baveo decides to terminate the Website.
You may deactivate your account at any time, for any reason.
Baveo has sole discretion to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website or a Baveo Site, or remove and discard any content, without notice and for any reason.
Upon deactivating your account, these Terms of Service, including any licenses to Baveo Code and Baveo Content, terminate and your access rights to the Website will immediately cease to exist. Any Baveo sites or content associated with your account will be deactivated.
Baveo reserves the right at any time to modify, suspend, or discontinue providing the Website or any part thereof with or without notice. Baveo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. If you do not agree to any changes to the Terms of Service, you must notify Baveo and your account will be terminated.
YOUR USE OF THE WEBSITE, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE WEBSITE AND ALL CODE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BAVEO AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER BAVEO NOR ANY USER MAKES ANY WARRANTY THAT THE WEBSITE, A BAVEO, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
You agree to indemnify, defend, and hold harmless Baveo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability, including reasonable attorneys' fees, arising out of or relating to any content you submit, post, transmit, or make available through the Website or a Baveo; your use or misuse of the Website; your connection to the Website or a Baveo; your violation of Baveo's Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy; or your violation of any rights (including intellectual property rights) of a third party.
YOU AGREE THAT BAVEO SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BAVEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR A BAVEO SITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) ON THE WEBSITE OR A BAVEO.
MISCELLANEOUS
Baveo's failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
Your account is non-transferable. You may not delegate your duties under these Terms of Service or assign these Terms of Service, in whole or in part.
Any unauthorized use of the Website or a Baveo is a violation of these Terms of Service and may violate federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
All users of the Website are intended third party beneficiaries of your obligations under these Terms of Service.
Baveo may assign these Terms of Service to any successor or purchaser of Baveo or all or substantially all of its assets.
These Terms of Service shall be governed by the laws of the State of New York without reference to choice of laws principles. You hereby submit to the jurisdiction and venue in the Courts of New York State.
These Terms of Service, which incorporate the Baveo Privacy Policy and DMCA Policy, constitutes the entire agreement between you and Baveo and governs your use of the Website, superseding any prior agreements (whether written or oral) between you and Baveo regarding the subject matter hereof.
Contacting Baveo
E-Mail: info@Baveo.com
Postal:
200 W. 95th Street
Suite 22
New York, NY 10025
