These terms of use (the “Agreement”) govern your access to, browsing of and, if applicable, creation of an account on and the use of the services offered on or through (whether directly or indirectly) the Be My Guest® mobile application (the “App”) or the Be My Guest® mobile or internet-based website (collectively the “Website”). For the purposes of this Agreement, the term “Services” refers to the above-mentioned access, browsing, account creation and use of the services offered on or through the App or the Website, the whole whether by computer, mobile device or mobile application and Be My Guest® implies Be My Guest Group Inc,. its subsidiaries and Affiliates
We also refer you to our privacy policy accessible at https://www.bemyguest.com/privacy (the “Privacy Policy”) relating to, among others, the collection, use and maintenance of your information, and which Privacy Policy is incorporated into this Agreement by reference.
By using the Services in any manner, you consent to this Agreement, which Agreement may be modified as described below. If you do not agree to be bound by this Agreement, you should not use the Services. Please note that without the terms and conditions contained in this Agreement, and specifically, although without limitation, the restrictions, limitations and indemnities included herein, Be My Guest® would not offer the Services.
You must be at least 18 years of age to use the Services and create an account on Be My Guest® . By using the Services, you represent and warrant that:
In order to create a Be My Guest® account, you must have or create a Facebook account and sign in to Be My Guest® through your Facebook account using your your Facebook login credential (the “Log-In Credentials”). By creating a Be My Guest® account, you authorize Be My Guest® to access and use your personal Facebook account information, including, but not limited to, your public Facebook profile, as well as information about the Facebook friends you might share in common with other Be My Guest® users. For more information regarding the information we collect from you and how we use it, please consult the Privacy Policy.
You may only create one (1) unique Be My Guest® profile and account for yourself. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes. You acknowledge that not all registered users are available for matching, and Be My Guest® makes no guaranty of the occurrence of, or the success of, any match through the App and/or the Website.
Your Be My Guest® account is for your personal use only and you are solely responsible for all activities that occur under your username. You undertake to keep you’re the Log-In Credentials confidential and do all things necessary to maintain such secrecy and confidentiality. You undertake not to grant anyone access to your Be My Guest® account. Be My Guest® is not responsible for third party access to your Be My Guest® account resulting from theft or misappropriation. You agree to immediately notify Be My Guest® of any disclosure or unauthorized use of your username or password or any other breach of security at [email protected] In order to take any protective measures, certain information may be required in order to confirm your identity.
Be My Guest® considers the security of your personnel information to be of utmost importance. All data is stored on servers such as provided by AMAZON AWS and Be My Guest® endeavours to apply commercially reasonable measures to ensure that all software is updated with the latest security patches, having due regard to compatibility,as and when these are made available; HOWEVER, WE PROVIDE NO WARRANTY WHATSOEVER THAT ANY SUCH SOFTWARE WILL BE UPDATED IN TIMELY MANNER OR THAT IT REPRESENTS THE LATEST VERSION THEREOF. IF YOU FEEL THAT THESES SECURITY MEASURES ARE INSUFFICIENT, YOU SHOULD NOT USE THE SERVICES. BE MY GUEST WILL NOT BE LIABLE FOR ANY SECURITY BREACH, SAVE AND EXCEPT IF SUCH BREACH RESULTS FROM ITS GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
You acknowledge that you are solely responsible and liable for the content and information (collectively the “Content”) that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “Post”) on the App and/or Website. You represent and warrant that:
You acknowledge and agree that:
You hereby grant to Be My Guest® a perpetual, worldwide, transferable, sub-licensable, royalty-free, license to host, store, use, copy, display, reproduce, adapt, edit, publish, use for promotion, modify and distribute any Content that you Post in any other medium or place whatsoever. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You hereby explicitly waiver all moral rights to the Content provided or that you Post and accept that your information may be visible to . Be My Guest® employees, officers, subcontractors and Investors.
You agree that Be My Guest® may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement, as well as any other rights of Be My Guest® or any third party, whether pursuant to contract, law or otherwise, as applicable; (iii) respond to claims that any Content violates the rights of third parties or applicable legislation; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the anyone`s personal safety.
You agree to promptly report to Be My Guest® at [email protected] any known violations of this Agreement by any other Be My Guest® user.
Save and except for personal information or such other information that must be maintained as private and confidential in accordance with the applicable legislation, you acknowledge and agree that :
The Services allow Be My Guest® users to send meeting/date requests (each an “Invitation”) to one another. When sending an Invitation, you have the option to offer to pay for any or all costs to be incurred during such meeting/date. Upon receipt of an Invitation, you have the option of ignoring or declining such Invitation, or communicating, through the App and/or the Website with the user who sent the Invitation. In the event you have agreed to pay for any cost to be incurred during a meeting/date and fail to do so, and such failure is reported to Be My Guest® at [email protected], Be My Guest® reserves the right to immediately suspend or terminate your account without notice. Be My Guest® will not, under any circumstances, be liable for any cost incurred during a meeting/date, including, without limitation, any cost which you or another user has offered and/or agreed to pay for and has failed to do so.
Be My Guest® makes no representations or warranties whatsoever as to the conduct of any Be My Guest® user, and you acknowledge that each Be My Guest® user is solely responsible and liable for the Content that he/she Posts as per below.
Be My Guest® reserves the right to display user profiles for promotional purposes in any order that it deems to be appropriate for marketing reasons in order to improve the Be My Guest® application.
You acknowledge that:
You understand and agree that the App and the Website are made available for, and use of the Services is restricted to, personal, non-commercial use only. You agree that you will not:
This Agreement constitutes an agreement that is effective unless and until terminated by yourself or Be My Guest® .
Be My Guest® reserves the right to suspend or terminate your account, as well as terminate this Agreement, for any reason
Furthermore, you acknowledge that Be My Guest® may, at any time, cease providing the App and/or the Website or any part thereof, with or without notice. Notwithstanding any such denial of access or the termination of this Agreement, the provisions in this Agreement will remain in effect.
ALL FEES PAID TO BE MY GUEST ARE NON-REFUNDABLE.
Save and except as otherwise provided herein as concerns the proprietary rights of your personal information provided in connection with your account, all information and all material of any kind and nature whatsoever used on or in connection or posted on the App and/or the Website, including, without limitation, all marks, software, graphics, photographs, images, animations, videos, audio, text and logos are owned by Be My Guest® , its licensors or third parties, as applicable, and are protected by copyright, trademark, patent or other intellectual property legislation and treaties, AND ALL RIGHTS THEREIN ARE RESREVED BY BE MY GUEST , INCLUDING, WITHOUT LIMITATION, THE RIGHT TO USE SUCH INFORMATION FOR COMMERCIAL OR OTHER PURPOSES, THE WHOLE SUBJECT TO AND IN ACOCRDANCE WITH APPLICABLE LAW AND OUR PRIVACY POLICY.
The App and/or the Website may contain links to third party apps and/or websites that are not under Be My Guest® `s control. You hereby acknowledge and agree that Be My Guest® is not responsible in any way for the content or software contained on or used by or in connection with such third party apps or websites, and that such apps or websites are subject to their own terms of service and/or privacy policies. Links to third party apps and websites are solely provided for your convenience and in no way constitute an endorsement by Be My Guest® of such third party or any of the services/products offered thereby. You acknowledge that access to and use of third party apps and/or websites is at your sole risk. Be My Guest® will not be liable in any manner for any interaction between you and any such third party.
The App, the Website and/or the Services may be dependent on and/or may use third-party owned and/or operated products and services, e.g., Apple App Store, Google Play, Facebook, Twitter, etc. (each, a “Third Party Service”) and may require that you be a registered member of such Third Party Service and provide certain account credentials and other information in order to access the Services. By using the Services, you agree to comply with the terms of service and requirements relating to any such Third Party Service (e.g., Facebook’s Terms of Use, Apple App Store Terms of Use, Google Play etc.). In the event of a conflict between a Third Party Service`s terms and conditions and this Agreement, the terms and conditions of the Third Party Service will prevail. The terms of this Agreement related to “Links” shall apply with respect to any Third Party Service.
ACCESS TO THE APP AND/OR THE WEBSITE AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND ALL CONTENT ON THE APP AND WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY RELATING TO THE ACCURACY, COMPLETENESS AND RELIABILITY OF CONTENT. UNLESS OTHERWISE EXPRESSLY STIPULATED IN WRITING BY BE MY GUEST , ANY CONTENT CONTAINED ON THE APP OR THE WEBSITE RELATING TO THE SERVICES AND THE PRODUCTS OFFERED SHALL NOT CONSTITUTE A WARRANTY.
BE MY GUEST DOES NOT IN ANY WAY WARRANT THAT THE USE OF THE APP OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THEY WILL BE FREE FROM VIRUSES OR BUGS OR OTHER MALICIOUS PROGRAMS, OR THAT ANY SOFTWARE USED RELATING THERETO REPRESENTS THE LATEST VERSION OF SUCH SOFTWARE. BE MY GUEST RESERVES THE RIGHT TO SUSPEND, DISCONTINUE, MODIFY, REMOVE OR ADD TO THE APP AND/OR THE WEBSITE IN ITS SOLE DISCRETION WITH IMMEDIATE EFFECT AND WITHOUT NOTICE, AND FURTHER RESERVES THE RIGHT TO TO BLOCK USERS FROM CERTAIN IP ADDRESSES FROM ACCESSING THE APP AND/ WEBSITE. BE MY GUEST SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS SUFFERED BY USER AS A CONSEQUENCE OF ANY DECISION MADE BY BE MY GUEST® IN THIS REGARD OR FOR ANY MALFUNCTION OF THE APP OR THE WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ON THE APP OR THE WEBSITE, AND SUBJECT TO APPLICABLE LEGISLATION, NEITHER BE MY GUEST , ITS AFFILIATES OR SUBSIDIARIES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE IN ANY WAY WHATSOEVER FOR THE CONDUCT OR CONTENT OF ANY USER (WHETHER ON THE APP, THE WEBSITE OR DURING A MEETING/DATE), OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, ARISING OUT OF OR IN ANY WAY RELATING TO USER’S ACCESS TO THE APP OR THE WEBSITE OR THE USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF BE MY GUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BE MY GUEST 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (I) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES WHILE YOUR ACCOUNT IS ACTIVE WHILE YOU HAVE AN ACCOUNT; AND (II) THE INSURANCE INDEMNITY ACTUALLY PAID TO BE MY GUEST® . ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, USA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BE MY GUEST® , ITS SUBSIDIARY AND PARENT COMPANIES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND RELATED THIRD PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING FROM YOUR USE OF THE APPLICATION, THE SERVICE OR YOUR BREACH OF THIS AGREEMENT (INCLUDING ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN), ANY POSTINGS OR CONTENT YOU POST ON THE APPLICATION OR AS A RESULT OF THE SERVICE, AND THE VIOLATION OF ANY LAW OR REGULATION BY YOU. YOU, AND YOUR ESTATE IN THE CASE OF YOUR DEATH, FURTHER AGREE THAT THIS INDEMNIFICATION PROVISION COVERS ALL THIRD PARTY CLAIMS, ACTIONS OR DEMANDS, INCLUDING THOSE FILED BY YOUR SPOUSE, CHILDREN, OR FAMILY. BE MY GUEST RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH BE MY GUEST® IN CONNECTION THEREWITH.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the service in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to BE MY GUEST® ’s copyright officer at [email protected]
Be My Guest® will terminate the accounts of repeat infringers.
By accessing the App and/or the Website via mobile device, you agree to the following mobile terms (in addition to the rest of the terms and conditions contained herein):
This Agreement, and all matters relating to the App, the Website and the Services are governed by the laws of the State of Delaware, United States of America. All disputes and causes of action arising out of or connected with this Agreement, the App, the Website or the Services shall be resolved exclusively through BINDING ARBITRATION administered by the American Arbitration Association. The only exceptions to the foregoing relate to claims of infringement or misappropriation of Be My Guest® `s rights and interests which BE MY GUEST® may elect to have resolved by means other than arbitration.
Additionally, except where prohibited by applicable legislation, as a condition of accessing the App and/or the Website, as well as the use of the Services, you agree that any and all disputes and causes of action arising out of or connected to the Services shall be resolved individually, without resort to any form of class action. Any dispute or claim in connection with the App, the Website or the Services must be filed within twelve (12) months following of such dispute or claim arising, or be forever barred. The failure of any party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Agreement may be modified by Be My Guest® in its sole discretion at any time, and any such modifications will be updated on the App and/or Website. Your continued use of the Services after the posting of modifications to this Agreement will constitute your acceptance of such revisions. If you do not consent to such changes, you should not use the Services, and, if applicable, you should proceed to delete your account by following the instructions provided on the App and/or Website. Any modified version of this Agreement will supersede the previous version thereof and constitute the entire agreement between you and By My Guest in accordance with “Entire Agreement” provision below.
You agree that any and all notices that are to be or that may be provided hereunder may be sent by any available electronic method using the information that you provided to Be My Guest® . We reiterate that you must ensure that all of your personal information is maintained complete and accurate. All notices will be deemed received if sent to any address, electronic or otherwise, then included in your personal information.
You acknowledge that governmental regulatory standards vary between jurisdictions and thus any representation made on the App and/or the Website regarding the satisfaction of any regulatory standard may not be valid in such jurisdiction. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for whatever reason in a jurisdiction, the remaining provisions not so declared shall nevertheless continue in full force and effect in such jurisdiction without being impaired in any manner whatsoever. WAIVER
No failure or delay of Be My Guest® in exercising any right or remedy hereunder or at law shall operate as a waiver thereof, and a waiver of a particular right or remedy on one occasion shall not be deemed a waiver of any other right or remedy or a waiver on any subsequent occasion.
This Agreement, as may be modified, constitutes the entire agreement between you and Be My Guest® regarding access to the App and the Website and the use of the Services, and supersedes any prior agreements between you and Be My Guest® related to such access and use (including, but not limited to, any prior versions of this Agreement).
You may not assign or transfer this Agreement or your account with Be My Guest® `s prior written consent.
You represent and warrant that:
If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations as Be My Guest® may use.
Be My Guest® customer service provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
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