Terms of service for using BarBeeHive platform
Welcome to BarBee Inc. LLC's ("BarBee" "BarBee Inc.", "We", "Us", "Our") mobile device software application (the "BarBee Inc. Software"), website, and any other mobile or web services or applications owned, controlled, or offered by BarBee Inc. now or in the future (collectively, the "BarBee Services"). For clarity, any reference herein to "BarBee Inc. IncServices" includes the "BarBee Inc. Software." Users who access, download, use, purchase and/or subscribe to the BarBee Services (collectively or individually "You" or "Your" or "User" or "Users") must do so under the following Terms and Conditions of Service (this "Agreement").
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BARBEE INC. BEFORE USING ANY BARBEE INC. SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE BARBEE INC. SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE BARBEE INC. SERVICES IMMEDIATELY.
SECTION 21 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 21 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
IF YOU ARE A RESIDENT OF THE EUROPEAN UNION, UNITED KINGDOM, OR CERTAIN OTHER COUNTRIES OUTSIDE THE UNITED STATES, PLEASE REFER TO THE SPECIAL TERMS FOR INTERNATIONAL USERS ("SPECIAL TERMS"). IF YOU ARE A RESIDENT OF ANY OF THE COUNTRIES NOTED IN THE SPECIAL TERMS, YOU MAY HAVE ADDITIONAL RIGHTS OR CERTAIN PARTS OF THIS AGREEMENT, SUCH AS THE ARBITRATION AGREEMENT, MAY NOT APPLY TO YOU.
We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing Us at: hive@barbeeinc.com Subject: Terms of Service Agreement.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE BRBEE INC. SERVICES.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (OR TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
BARBEE INC. IS NOT RESPONSIBLE FOR YOUR USE OF THE BARBEE INC. SERVICES OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT. BARBEE INC. DOES NOT CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF ITS USERS. BARBEE INC. DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS' IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE. BARBEE INC. ALSO IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.
THE BARBEE INC. SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE BARBEE INC. SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. BARBEE INC. IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES INTERNATIONAL USERS.
The BarBee Inc. Services are controlled and offered by BarBee Inc. from the United States of America and, regardless of Your place of residence, Your use of them is governed by the law of the State of Florida, USA. BarBee Inc. makes no representations that the BarBee Inc. Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the BarBee Inc. Services from other locations do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing of Your data in the United States of America and any other jurisdiction throughout the world. Please see our Privacy Policy for more information on how we collect, use and transfer your data.
If You are a resident of certain countries, including those in the European Union and United Kingdom, You may have additional rights or certain parts of this Agreement may not apply to You if required by the law of Your jurisdiction. Please refer to the Special Terms for International Users for further detail.
BarBee Inc. may provide translations of this Agreement and local-language versions of the BarBee Inc. Services for the convenience and enjoyment of its international users. This Agreement was written in English and to the extent the translated version of this Agreement is inconsistent with the English version, the English version will control. Similarly, BarBee Inc. reserves the right to correct translation errors and similar issues occasioned by the offering of local language versions of this Agreement and the BarBee Inc. Services.
If You create an account on any of the BarBee Inc. Services (a "User Account") and submit information to Us, You must ensure that such information is accurate. You must promptly update such information if it changes.
You may not use anyone else's account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Our written permission. You will not share or otherwise transfer Your User Account or credentials.
You are entirely responsible for maintaining the confidentiality of Your password and account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify BarBee Inc. immediately of any unauthorized use of Your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys' fees that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.
By using the BarBee Inc. Services, You represent and warrant that You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a minor, and that You are not required to register as a sex offender with any state, federal or local sex offender registry.
BarBee Inc. reserves the right to investigate and, if appropriate, suspend or terminate Your User Account without a refund if BarBee Inc. believes that You may have violated this Agreement, or engaged in activity that is harmful to other users, to BarBee Inc.'s business, or to others. You acknowledge that BarBee Inc. is not required to provide You notice before terminating Your account. BarBee Inc. may terminate Your account at any time, without cause and without notice, and may block or prevent Your future access to, and use of the BarBee Inc. Services.
You may deactivate Your account at any time and for any reason by visiting the "settings" page or by using the "help and feedback" function built into the BarBee Inc. Services, or by emailing hive@barbeeinc.com.
The BarBee Inc. Services and any software and technology used in connection with the BarBee Inc. Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the BarBee Inc. Services. You agree not to modify any software or technology that is part of the BarBee Inc. Services in any manner or form, or to use modified versions of such software or technology, including (without limitation) for the purpose of obtaining unauthorized access to the BarBee Inc. Services. You agree not to access the BarBee Inc. Services by any means other than through the interface that is provided by BarBee Inc. for use in accessing the BarBee Inc. Services. You agree not to use, or allow or enable others to use, the BarBee Inc. Services, or any part thereof, for commercial sale, resale, reproduction, or distribution or in connection with any business, commercial or profit-making activities, or to redistribute the BarBee Inc. Services or access thereto.
You own information You submit to Us through the BarBee Inc. Services ("Your Information"), except that by submitting Your Information to Us, You agree that We may use Your Information as described in this Agreement and Our Privacy Policy, including to provide and improve the BarBee Inc. Services. In submitting Your Information, You grant to BarBee Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Information in connection with the BarBee Inc. Services. You warrant that You either (a) are the sole and exclusive owner of all Your Information or (b) have all rights, licenses, consents and releases necessary to grant BarBee Inc. the license to Your Information as set forth above. You represent and warrant that neither Your Information, nor Your use and provision of Your Information to be made available through the BarBee Inc. Services, nor any use of Your Information by BarBee Inc. on or through the BarBee Inc. Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If You believe that Your work has been copied or used in a way that constitutes copyright infringement, please see Section 22 below.
BarBee Inc. has published the BarBee Inc. Community Guidelines, which are incorporated in this Agreement by this reference and can be found at https://www.barbee.com/community-guidelines. All users of the BarBee Inc. Services are required to comply with these Community Guidelines, which may be modified by BarBee Inc. from time to time. The Community Guidelines contain content and behavior policies that apply to Your use of the BarBee Inc. Services.
You may be permitted to post content, create a profile, communicate with other users, submit comments and suggestions, and otherwise communicate or make available information to Us and/or other users through Your use of the BarBee Inc. Services, subject to the Community Guidelines. You are solely responsible for Your use of the BarBee Inc. Services and You use it at Your own risk. By using the BarBee Inc. Services, You represent and warrant that Your use thereof will be in accordance with this Agreement. Without limiting the foregoing, You represent and warrant that Your use of the BarBee Inc. Services will not: (i) violate any local, state, national, or international law or regulation; (ii) interfere with or disrupt the BarBee Inc. Services or servers or networks connected to the BarBee Inc. Services, or disobey any requirements, procedures, policies or regulations of networks connected to the BarBee Inc. Services; (iii) "stalk," threaten, or otherwise harass any person, or carry any weapons; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (viii) be used to impersonate any person, or to misrepresent Your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that it emanates from Us or any other person or entity, if this is not the case.
Although BarBee Inc. is not responsible for any content provided by users, BarBee Inc. may investigate and take action against You in its sole discretion if You violate this Agreement or if BarBee Inc. believes You have violated any provision herein, including but not limited to removing content that violates this Agreement. However, BarBee Inc. may or may not monitor or review content before or after it appears on the BarBee Inc. Services, and is not obligated to do so. We reserve the right to edit, restrict, or remove any content, in whole or in part, for any reason or no reason, at any time, in Our sole discretion, with or without notice to You. BarBee Inc. has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting materials on or through the BarBee Inc. Services. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS BARBEE INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BARBEE INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BARBEE INC. OR LAW ENFORCEMENT AUTHORITIES.
You will not, and will not assist, encourage, or enable others to:
The BarBee Inc. Services may include advertisements, some of which may be targeted to content or information on the BarBee Inc. Services, queries made through the BarBee Inc. Services, or other information. The types and extent of advertising on the BarBee Inc. Services are subject to change. In consideration for BarBee Inc. granting You access to and use of the BarBee Inc. Services, You agree that BarBee Inc. and its third-party advertisers and partners may place such advertising on the BarBee Inc. Services or in connection with the display of content or information from the BarBee Inc. Services whether submitted by You or others.
The BarBee Inc. Services may include links to other web sites or services ("Linked Sites"). The Linked Sites are not under the control of BarBee Inc. and BarBee Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BarBee Inc. is not responsible for any transmission received from any Linked Site. BarBee Inc. is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by BarBee Inc. of the Linked Site or any association with its operators.
The BarBee Inc. Services may allow users to search for and locate other users by various means, including the ability to find other users based on the real-time geographic location of their mobile devices. When You use the BarBee Inc. Services, We may collect and use Your geolocational information for the purposes described in Our Privacy Policy. By using the BarBee Inc. Services with geolocational functionality enabled, You consent to Our collection, use and disclosure of Your geolocational information as described in Our Privacy Policy. You may at any time withdraw Your consent to Our collection, use, and disclosure of Your geolocational information by disabling the location feature on Your mobile device and/or by deleting the BarBee Inc. Services from Your mobile device.
From time to time, BarBee Inc. may offer products and services for purchase ("in-app purchases") through your smartphone's native app store ("App Store"), such as iTunes, Google Play, or Amazon Appstore. If You choose to make an in-app purchase, You will be prompted to confirm Your purchase with the applicable payment provider, and Your method of payment (be it Your card or a third-party account such as Google Play or iTunes) (Your "Payment Method") will be charged for the in-app purchase at the prices displayed to You for the service(s) You've selected as well as any sales or similar taxes that may be imposed on Your payments, and You authorize BarBee Inc. or the third-party account, as applicable, to charge You.
If You purchase an auto-recurring periodic subscription through an in-app purchase, Your Payment Method will continue to be billed for the subscription until You cancel. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period, at the price You agreed to when subscribing, unless You cancel it.
If You want to cancel or object to a charge, or if You want a copy of Your subscription or payment details, You may contact BarBee Inc.'s customer service at hive@barbeeinc.com. You can also cancel a subscription through the applicable App Store. If You cancel a subscription, You may continue to use the cancelled service until the end of Your then-current subscription term. The subscription will not be renewed when Your then-current term expires.
BarBee Inc. may change the prices for the in-app purchases from time to time, and may vary the pricing depending upon whether You purchase through the BarBee Inc. Software or otherwise. For subscriptions, BarBee Inc. will notify You of any price changes at least 30 days before the change takes effect. If You do not wish to pay the new prices, You may reject the change by unsubscribing prior to the price change going into effect. Your continued use of the subscription after a price change confirms Your consent to pay the new price.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in Your jurisdiction provide for refunds.
For users who reside in the EU, EEA, or in Switzerland: In accordance with local law, You are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply: You may cancel Your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date You subscribed. In the event that You die before the end of Your subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are unable to use the BarBee Inc. Services) before the end of Your subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability by providing the company notice in the same manner as You request a refund as described below.
To request a refund, contact customer service at hive@barbeeinc.com. Some third parties through which You may have purchased a subscription may have their own refund policies. If You believe that Your rights to a refund pursuant to this Agreement have not been honored, You may contact BarBee Inc. to discuss Your rights by emailing hive@barbeeinc.com.
Subject to Your compliance with this Agreement, BarBee Inc. grants You a limited non-exclusive, non-transferable license to download, install, and use the BarBee Inc. Software on a single mobile device that You own or control, solely for Your personal use. You may not: (i) copy the BarBee Inc. Software, except as expressly permitted by this license; (ii) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the BarBee Inc. Software or any part thereof; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the BarBee Inc. Software or any part thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the BarBee Inc. Software, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the BarBee Inc. Software or any features or functionality of the BarBee Inc. Software, to any third party for any reason; (vi) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the BarBee Inc. Software; or (vii) use the BarBee Inc. Software in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.
BarBee Inc. may from time to time in its sole discretion develop and provide updates for the BarBee Inc. Software, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that BarBee Inc. has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your device settings, when Your device is connected to the internet either (a) the BarBee Inc. Software will automatically download and install all available Updates or (b) You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the BarBee Inc. Software or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the BarBee Inc. Software and be subject to all terms and conditions of this Agreement.
The BarBee Inc. Software may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that BarBee Inc. is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. BarBee Inc. does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.
This Section only applies to the extent You are using the BarBee Inc. Software on an iOS device. You acknowledge that this Agreement is between You and BarBee Inc. only, not with Apple Inc. ("Apple"), and Apple is not responsible for the BarBee Inc. Software or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the BarBee Inc. Software. In the event of any failure of the BarBee Inc. Software to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price, if any, for the BarBee Inc. Software to You; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the BarBee Inc. Software. Apple is not responsible for addressing any claims by You or any third party relating to the BarBee Inc. Software or Your possession and/or use of the BarBee Inc. Software, including, but not limited to: (i) product liability claims; (ii) any claim that the BarBee Inc. Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the BarBee Inc. Software or Your possession and use of the BarBee Inc. Software infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the BarBee Inc. Software. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary of this Agreement. You hereby represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
This Section only applies to the extent You are using the BarBee Inc. Software on an Android device. You acknowledge that this Agreement is between You and BarBee Inc. only, and not with Google, Inc. ("Google"). Your use of BarBee Inc. Software must comply with Google's then-current Google Play Store Terms of Service. Google is only a provider of the Google Play Store where You obtained the BarBee Inc. Software. BarBee Inc., and not Google, is solely responsible for its BarBee Inc. Software. Google has no obligation or liability to You with respect to BarBee Inc. Software or this Agreement. You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to BarBee Inc. Software.
THE BARBEE INC. SERVICES (INCLUDING, WITHOUT LIMITATION, THE BARBEE INC. SOFTWARE) AND ALL CONTENT AND SERVICES MADE AVAILABLE ON, THROUGH, OR IN THE BARBEE INC. SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE BARBEE INC. SERVICES AND LINKED SITES. BARBEE INC. DOES NOT WARRANT THAT (A) THE BARBEE INC. SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE BARBEE INC. SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE BARBEE INC. SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BARBEE INC. SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN DATA OR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BARBEE INC. SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARBEE INC. OR THROUGH OR FROM THE BARBEE INC. SERVICES, INCLUDING, BUT NOT LIMITED TO, THROUGH THE BARBEE INC. SOFTWARE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL BARBEE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BARBEE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BARBEE INC. SERVICES, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BARBEE INC. SERVICES, FROM INABILITY TO USE THE BARBEE INC. SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BARBEE INC. SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BARBEE INC. SERVICES OR ANY LINKS ON THE BARBEE INC. SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BARBEE INC. SERVICES OR ANY LINKS ON THE BARBEE INC. SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BARBEE INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS, INCLUDING YOUR OWN, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BARBEE INC. TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BARBEE INC. SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE BARBEE INC. (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: 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 indemnify, defend, and hold harmless BarBee Inc., its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys' fees, arising out of Your use of the BarBee Inc. Services, including but not limited to Your violation of this Agreement. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Use of the BarBee Inc. Services is also governed by Our Privacy Policy, a copy of which is located at https://www.barbee.com/privacy. By using the BarBee Inc. Services, You consent to the terms of the Privacy Policy.
BarBee Inc. reserves the right, at Our discretion, to change, modify, add, or remove portions of this Agreement at any time. You should check this Agreement periodically for changes. The most up-to-date version of this Agreement will be available on the BarBee Inc. Services and supersede all previous versions. Your continued use of the BarBee Inc. Services after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to this Agreement, such amended terms will automatically be effective thirty days after they are initially posted on the BarBee Inc. Services or on the BarBee Inc. website. Any use by You of the BarBee Inc. Services after such notice shall be deemed to constitute acceptance by You of such modifications.
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Florida as applied to contracts made and to be performed entirely within Florida, without giving effect to its conflicts of law statutes. Any controversy, dispute or claim arising out of or related to this Agreement or the breach thereof or the BarBee Inc. Services shall be settled in accordance with the dispute resolution procedures set forth in Section 21 below (the "Dispute Resolution Procedures"). Any controversy, dispute, or claim which is not subject to the Dispute Resolution Procedures set forth in Section 21 shall be settled by final and binding arbitration, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. Unless otherwise required by applicable law, such arbitration shall be held in the American Arbitration Association in accordance with its Commercial Arbitration Rules or as otherwise agreed between the parties. The prevailing party in any action to enforce this Agreement or any arbitration proceeding shall be entitled to costs and attorneys' fees.
This Section 21 facilitates the prompt and efficient resolution of any disputes that may arise between You and BarBee Inc. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Arbitration Agreement (as defined below), which means You would retain Your right to litigate Your disputes in court, either before a judge or jury.
Please read this Section 21 carefully. It provides that all disputes between You and BarBee Inc. shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided below, entering into this Agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney's fees).
For the purpose of this Arbitration Agreement, "BarBee Inc." means BarBee Inc. and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "dispute" means any dispute, claim, or controversy between You and BarBee Inc. regarding, arising out of or relating to any aspect of Your relationship with BarBee Inc., whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 21 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
We want to address Your concerns without needing a formal legal case. Before filing a claim against BarBee Inc., You agree to try to resolve the dispute informally by contacting hive@barbeeinc.com. We'll try to resolve the dispute informally by contacting You via email. If a dispute is not resolved within 15 days after submission, You or BarBee Inc. may bring a formal proceeding.
After the informal dispute resolution process, any remaining dispute, claim, or controversy will be resolved by arbitration, including threshold questions of arbitrability of the dispute, claim, or controversy. "You and BarBee Inc. agree that any dispute must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding." You and BarBee Inc. further agree that the parties may bring claims against each other in arbitration only in their individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. You and BarBee Inc. agree to waive the right to a trial by jury.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where You reside.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS's rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the Class Action Waiver is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that the Class Action Waiver is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
Notwithstanding any provision in this Agreement to the contrary, BarBee Inc. agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while You are a user of the BarBee Inc. Services, You may reject any such change by sending BarBee Inc. written notice within thirty (30) calendar days of the change to the Notice Address provided below. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date You first accepted this Agreement (or accepted any subsequent changes to this Agreement).
You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 21 by sending written notice of Your decision to opt-out to hive@barbeeinc.com. The notice must be sent to BarBee Inc. within thirty (30) calendar days of Your first use of the BarBee Inc. Services or the effective date of the first Agreement containing this Arbitration Agreement, whichever is later; otherwise You shall be bound to arbitrate disputes in accordance with this Section 21. If You opt-out of this Arbitration Agreement, BarBee Inc. also will not be bound by these arbitration provisions. In addition, if You elect to opt-out of this Arbitration Agreement, BarBee Inc. may terminate Your use of the BarBee Inc. Services. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that You may have with Us.
BarBee Inc. respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, BarBee Inc. will respond expeditiously to claims of copyright infringement that are reported to BarBee Inc.'s Designated Copyright Agent, identified below.
If You are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the BarBee Inc. Services by completing a DMCA Notice of Alleged Infringement and delivering it to BarBee Inc.'s Designated Copyright Agent. Upon receipt of the Notice as described below, BarBee Inc. will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the BarBee Inc. Services.
Deliver this Notice, with all items completed, to BarBee Inc.'s Designated Copyright Agent at hive@barbeeinc.com.
You may not use, export, import, or transfer the BarBee Inc. Services except as authorized by United States law, the laws of the jurisdiction in which You obtained the BarBee Inc. Services, and any other applicable laws. In particular, but without limitation, the BarBee Inc. Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the BarBee Inc. Services, You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the BarBee Inc. Services for any purpose prohibited by United States law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by BarBee Inc. are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer BarBee Inc. products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
The BarBee Inc. Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by BarBee Inc. without restriction. Any attempted transfer or assignment by You in violation hereof shall be null and void.
BarBee Inc. may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on the BarBee Inc. Services, as determined by BarBee Inc. in its sole discretion. BarBee Inc. reserves the right to determine the form and means of providing notifications to You. BarBee Inc. is not responsible for any automatic filtering You or Your network provider may apply to email notifications. BarBee Inc. recommends that You add hive@barbeeinc.com to Your email address book to help ensure You receive email notifications from Us. BarBee Inc. may, in its sole discretion, modify or update this Agreement from time to time, so You should review this page periodically. When We change this Agreement in a material manner, We will update the "last modified" date at the bottom of this page and notify You that material changes have been made to this Agreement. Your continued use of the BarBee Inc. Services after any such change constitutes Your acceptance of the new Terms of Service. If You do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the BarBee Inc. Services.
This Agreement, together with any amendments and any additional agreements You may enter into with BarBee Inc. in connection with the BarBee Inc. Services, shall constitute the entire agreement between You and BarBee Inc. concerning the BarBee Inc. Services. If any provision of this Agreement is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BarBee Inc.'s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact Us at hive@barbeeinc.com with any questions regarding this Agreement.
The following provisions supplement or supersede conflicting terms in this Agreement to the extent necessary for residents of certain jurisdictions. Please note that some of the provisions below may not apply to You if the law in Your jurisdiction does not require their application.
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Australian resident to the extent required by applicable law:
The arbitration agreement in Section 21 of this Agreement will not apply to You, and You may instead bring a claim against Us in an appropriate court in Australia.
In consenting to the transfer to and processing of Your data in the United States of America and any other jurisdiction throughout the world, You acknowledge that other jurisdictions (including the United States of America) may not have privacy protections equivalent to the Privacy Act 1988 (Cth). You may not have a remedy against Grindr as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.
The restriction on the modification, disassembly, decompilation or reverse engineering of the BarBee Inc. Services is subject to Your rights under Part III Div 4A ("Acts not constituting infringement of copyright in computer programs") of the Copyright Act 1968 (Cth).
BarBee inc.'s liability for failure to comply with any applicable consumer guarantee arising under Part 3-2 Div 1 of the Australian Consumer Law is limited to:
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Argentine resident to the extent required by applicable law:
You have the right to cancel Your BarBee Inc. Premium Services within ten (10) days without giving any reason. The cancellation period will expire after ten (10) days from Your purchase of the BarBee Inc. Premium Services. If You have benefitted from a free trial, the cancellation period will expire ten (10) days from the beginning of Your free trial. To exercise the right to cancel Your BarBee Inc. Premium Services during the ten (10) day cancellation period, You must inform Us at hive@barbeeinc.com of Your decision to cancel by a clear statement. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. There are no separate cancellation fees but there are no refunds except as provided herein. We will refund You a pro-rata amount of the Premium Services fee for the unused period of Your Premium Services. You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicated to Us Your cancellation (excluding any free trial period where no payment was taken), and We will therefore not refund You for that portion of Your Premium Services. We will make the refund without undue delay. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
If You are a resident of Argentina, the notice and takedown policy in section 22 will not apply to You. Instead, in case You believe that any content hosted on any BarBee Inc. Service produces damage to You and could be considered as manifestly illegal, then You may submit a notification to Grindr indicating the content in question and providing documentation that proves Your identity as well as detailing the damage caused by the content. BarBee Inc. will analyze the claim and if the content is manifestly illegal (i.e. child pornography, data that facilities the commission of a crime, crime or racism references, etc.), then BarBee Inc. will proceed with its takedown. Any other content that causes damage but cannot be considered as manifestly illegal shall not be taken down by BarBee Inc. unless You provide a judicial notification ordering the takedown of the content in question. Notifications of any sort for these purposes shall be delivered to hive@barbeeinc.com.
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Brazilian resident to the extent required by applicable law:
You have the right to cancel Your BarBee Inc. Services within seven (7) calendar days without giving any reason. The cancellation period will expire after seven (7) calendar days from Your purchase of the BarBee Inc. Services. To exercise the right to cancel Your BarBee Inc. Services during the seven (7) day cancellation period, You must inform Us at hive@barbeeinc.com of Your decision to cancel by a clear statement. We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. We will refund any and all amount paid by You. We will make the refund without undue delay and within the shortest timeframe possible after the day on which We are informed about Your decision to cancel. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
Any dispute procedure deriving from this Agreement will be resolved by a competent Court of the relevant User's address.
In case of any unauthorized disclosure of Your images, videos, pictures or any other material of Yours containing nudity or sexual private content, BarBee Inc. undertakes to take all necessary measures, to the extent applicable to Our technical services, in order to remove the referred content in a diligent manner and in the shortest timeframe possible, provided that You notify Us of the relevant infringement by identifying and specifying the infringing content. Also, in the event You are exposed to inaccurate, offensive, indecent or objectionable content of other Users, You may notify Us of such content, so that We may take the appropriate measures in order to remove it, to the extent applicable.
You and We agree that Brazilian Law will also apply to this Agreement, especially with respect to rights of privacy, protection of personal data, and secrecy of private communications and of logs. You and We agree to comply with all applicable Brazilian law.
We will keep the application logs under confidentiality, in a controlled and safe environment, for six (6) months from Your subscription date, pursuant to applicable Brazilian Law. We reserve the right to disclose the application logs and/or any other records of your account, including private communications, in order to comply with court orders.
Anytime that We decide to charge You for a portion or for the whole of BarBee Inc. Services, a message will be displayed on Your mobile screen, so that You may either (i) approve the relevant service and corresponding fees, in which case You will be requested to provide Your credit card details; or (ii) deny the relevant service and continue using the portion of the BarBee Inc. Services that is free of charge.
The provisions related to limitation of liability established under this Agreement may, as a general rule, not apply to You, as the obligation to indemnify is a rule of public order in Brazil. You and We are aware that Brazilian law does not allow indemnification for indirect damages, but solely the effective losses and the loss of profits directly and immediately caused by it.
The provisions of this Agreement related to statute of limitations may not apply to You, if the applicable Brazilian law establishes a different or specific statute of limitations for a certain claim. In this case, You will be subject to the specific statute of limitations stipulated under the applicable Brazilian law.
We reserve the right to modify, at Our sole discretion, any of the provisions contemplated in this Agreement at any time and for any reason whatsoever, regardless of Your previous approval. You will be notified of such modifications.