TERMS OF USE
Thank you for choosing to be part of our community at Activitybees,
Inc (“Activitybees”, “Company”, “we”, “us”, or
“our”). Please read these Terms Of Use
("Terms", "Terms and Conditions", “Terms of Use”) carefully
before using the Activitybees mobile application and
Services (“App”, “Service”, “Site”).
AGREEMENT TO TERMS
Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users, and
others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not
access the Service.
Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason. We will alert you about any
changes by updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay informed of
updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any revised Terms
of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
TRADEMARK NOTICE
Activitybees, the Activitybees
Logo, Make Friends, Develop Interests and Grow Communities are registered
trademarks of Activitybees Inc. All other brand or
product names may be trademarks or registered trademarks of their respective
companies or organizations in the United States and/or other countries.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the App and Services is our proprietary property
and all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Service and (collectively,
the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States, foreign
jurisdictions, and international conventions. The Content and the Marks are
provided on the App or Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the Service and
no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the App and Service, you are granted a
limited license to access and use the App and Service and to download or print
a copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the App and Service, the Content and the
Marks.
RULES FOR USE OF THE SERVICES
The Services is governed by specific rules ("Rules") maintained and
enforced exclusively by Activitybees. Your
cooperation in understanding and complying with the Rules is essential to
ensure that all Users can enjoy their experience with the Services.
According to the Rules, you must:
• respect the rights of other Users. To this end, you may not defraud, harass,
threaten, or cause distress and/or unwanted attention to other Users;
• not use profanity, obscenities, or **asterisks** or other “masking”
characters to disguise such words;
• not use or upload obscene, lewd, slanderous, pornographic, sexually explicit,
abusive language or link or content of any kind, as determined by us in our
sole discretion;
• not upload content or behave in a manner that sexually exploits,
abuses, or endangers children. This includes, for example, grooming a child for
sexual exploitation, sextorting a child, trafficking of a child for sex, or
otherwise sexually exploiting a child;
• not use or upload violent, insulting, indecent, threatening and harassing,
harmful, defamatory, hateful, racially or ethnically offensive language or link
to any such language or content of any kind;
• not organize or be a member of any groups within the Services that are based
on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay or
other discriminatory values;
• not spam, flood, or make duplicate posts, post commercial solicitations or
ads when engaging in any interaction with other Users or any Activitybees employees or agents, including customer
service representatives, or otherwise disrupt the normal flow of dialogue;
• not impersonate any employee or agent including customer service
representatives, of Activitybees or its affiliates;
• when you post, or upload content that is covered by intellectual property
rights (like photos or videos) on or in connection with our Service, you hereby
grant to us a non-exclusive, royalty-free, transferable, sub-licensable,
worldwide license to host, use, distribute, modify, run, copy, publicly perform
or display, translate, and create derivative works of your content. You can end
this license anytime by deleting your content or account. However, the content will continue to appear if you shared it with others and
they have not deleted it.
• not exploit any errors in design features which have not been documented,
and/or "bugs" to gain access to content that is otherwise not
available to Users, or to obtain a competitive advantage over other Users or
any other unintended benefit; or communicate the existence of any such errors
or "bugs", either directly or through public posting, to other Users.
Errors and bugs should be promptly reported to us at contactus@activitybees.com;
USER REPRESENTATIONS
By using the App and Service, you represent and warrant that:
1. you have the legal capacity and you agree to comply
with these Terms of Use;
2. you are at least 13 years old or the minimum legal age to use social
networking apps in your jurisdiction ;
3. you will not access the App and Service through automated or non-human
means, whether through a bot, script, or otherwise;
4. you will not use the App and Service for any illegal or unauthorized
purpose; and
5. your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion
thereof).
PROHIBITED ACTIVITIES
You may not access or use the App for any purpose other than that for which we
make the App available. The App may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
1. monitor the App for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible)
any of your Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to
remove from the App and Service or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and
5. otherwise manage the Service in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Service.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the
Service.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Service
at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Service. We also reserve
the right to modify or discontinue all or part of the Service without notice at
any time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Service.
We cannot guarantee the Site will be available at all times.
We may experience hardware, software, or other problems or need to perform
maintenance related to the Service, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Service at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Service during any
downtime or discontinuance of the Service. Nothing in these Terms of Use will
be construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the App, Service or Site that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the App, Service or Site at any time, without prior notice.
USER DATA
We will maintain certain data that you transmit to the Service for the purpose
of managing the performance of the Service, as well as data relating to your
use of the Service. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Service. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
GOVERNING LAW
These Terms of Use and your use of the Service are governed by and construed in
accordance with the laws of the State of California applicable to agreements
made and to be entirely performed within the State of California, without
regard to its conflict of law principles.
DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally
and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA")
and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the
AAA website www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be
conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Santa Clara County, California. Except as
otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal courts
located in Santa Clara County, California, and the Parties hereby consent to,
and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
DISCLAIMER
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE APP, SERVICE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE OR SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP,
SERVICE OR SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICE ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR 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 THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our affiliates,
and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Service; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other
user of the Service with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, using the Service, sending us emails, and completing online
forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site
or in respect to the Service constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms
of Use or use of the Service. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
CONTACT US
If you have any further questions or comments about us or our policies, contact
us at:
