Terms of Service
Last Updated: December 1, 2018
Welcome to Bezarr Inc. ("Bezarr")'s website (the "Site") and mobile application ("App").
1. Acceptance of Terms
2. Changes to the Terms and Services.
We may update the Terms at any time, in our sole discretion; we'll let you know about the updated Terms either by posting them on the Site, to the App, or through other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the Services anymore. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. IMPORTANT NOTICE REGARDING ARBITRATION.
WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BEZARR THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION [XX] "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
4. Void Where Prohibited.
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5. Using the Services.
In order to access the Services you will have to register with the Services by creating an account ("Account"). Please make sure that you provide us with accurate, complete and up-to-date information for your Account and you update such information to keep it accurate, complete and up-to-date. Security of your Account is important, so make sure you don't disclose your Account password to anyone, and notify us immediately of any unauthorized use of your Account.
User Generated Content.
Bezarr does not pre-screen or regularly review all user generated or contributed content ("User Content").
- Rights in User Content Granted by You. When you submit any User Content to the Services, you automatically grant to Bezarr a non-exclusive, transferable, worldwide, royalty-free license, with the right to sub-license, to use, copy, modify (only for formatting purposes), publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users of the Services.
- Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Bezarr on or through the 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.
- Removal of User Content. Bezarr reserves the right (but not the obligation) to edit or remove, without notice, any User Content. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Bezarr does not have an obligation to respond to or investigate any complaints.
- Rights in Content Granted by Bezarr. Subject to your compliance with these Terms, Bezarr grants to you a limited, non-exclusive, non-transferable, non-sub-licensable license, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
7. Rights and Terms for Apps
- Rights in App Granted by Bezarr. Subject to your compliance with these Terms, Bezarr grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Bezarr reserves all rights in and to the App not expressly granted to you under these Terms.
- Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:
- These Terms are only between you and Bezarr, and not with the App Provider, and Bezarr (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- If the App fails to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Bezarr will be solely responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- If a third party claims that the App or your possession and use of that App infringes that third party's intellectual property rights, Bezarr will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- 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 must also comply with all applicable third party terms of service when using the App.
8. General Prohibitions and Bezarr's Enforcement Rights.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, or that plagiarizes a third party's work; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, bullying, or harm against any individual or group; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity;
- Use, display, mirror or frame the Services or any individual element within the Services, Bezarr's name, any Bezarr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without its express written consent. Third-party trademarks are the property of their respective owners. Presence of a third-party trademark on the Services does not mean that Bezarr has any relationship with that third party or that Bezarr endorses that third party, or that such third party endorses the Services or Bezarr.
- Attempt to probe, scan or test the vulnerability of any Bezarr system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bezarr or any of its providers to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bezarr or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, including but not limited to using the Services to solicit other users of the Services, Vendors, or other business partners of Bezarr to become users or partners of other services directly or indirectly competitive or potentially competitive with Bezarr;
- Use any meta tags or other hidden text or metadata utilizing a Bezarr trademark, logo, URL or product name without Bezarr's express written consent
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission, or use any personally identifiable information of a user for improperly contacting them or for illegal, immoral or unethical purposes;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
9. Minors/Parental Notice.
Individuals under the age of 21 should not use the Services, with the exception of individuals with a valid Recreational State License and above the age of 18. Pursuant to 47 U.S.C. Section 230(d), Bezarr hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available online
11. DMCA/Copyright Policy.
Bezarr respects copyright law and expects its users to do the same. It is Bezarr's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Procedure for Receiving Notice
We have a designated agent for receipt of alleged copyright infringement notices, as required by the Digital Millennium Copyright Act ("DMCA") 17 U.S.C. § 512. Copyright owners may send notifications by postal mail or email as listed below. This section describes the information that should be present in these notices. The postal address and email address to which notifications may be sent are checked by the Copyright Agent usually every U.S. business day.
All users of the Services are expected to comply with applicable copyright laws. If Bezarr receives proper notice of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of the infringement and/or terminate the user's account. 512(g)(2) and (3) of the DMCA.
Bezarr's Designated Agent to receive notice of alleged infringement under the DMCA is:
Upon receiving proper notice of alleged infringement, Bezarr will follow the procedures described herein and as directed by the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Bezarr's Designated Agent the following information via postal mail or e-mail:
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Please note that you may be liable for damages if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available on the Services infringes your copyright, you should contact an attorney.
Bezarr will terminate accounts of repeat infringers, in accordance with Section 512(i)(1)(a) of the DCMA.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. The following provisions will survive any termination, discontinuation or cancellation of the Services or your Account: Sections 1 (Legally Binding Contract), 2 (Changes to the Terms of Services), 3 (Important Notice Regarding Arbitration), 9 (General Prohibitions and Bezarr's Enforcement Rights), 12 (Termination), 13 (Warranty Disclaimers), 14 (Indemnity), 15 (Release) 16 (Limitation of Liability), 17 (Governing Law and Forum Choice), 18 (Dispute Resolution), and 19 (General Terms).
13. Warranty Disclaimers.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. WHILE WE STRIVE TO CREATE A SAFE ENVIRONMENT FOR OUR USERS TO INTERACT ON THE SERVICES, YOU ALONE ARE RESPONSIBLE FOR YOUR OWN SAFETY, AND BEZARR MAKES NO WARRANTY THAT THE INTERACTIONS THAT YOU HAVE VIA THE SERVICES WILL BE SAFE OR HARMLESS.
You will indemnify and hold harmless Bezarr and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services , (ii) your User Content, (iii) your interactions with Friends, Catalysts, or anyone else that you choose to interact with on the Services, or (iv) your violation of these Terms.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH VENDORS AND OTHER USERS OF THE SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE BEZARR FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A VENDOR, ANY ACTIONS OR INACTIONS BY A VENDOR. INCLUDING VENDOR'S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
16. Limitation of Liability.
NEITHER BEZARR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES , WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEZARR OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WILL BEZARR'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO BEZARR FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BEZARR, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEZARR AND YOU.
17. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws' provisions. Except as otherwise expressly set forth in Section 19 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Bezarr are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Bezarr each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
- Exceptions and Opt-out. As limited exceptions to Section (a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunction or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com within thirty (30) days following the date you first agree to these Terms.
- Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address 2032 W Acacia Ave, Hemet, CA, 92545 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we'll send such a letter to you at the email address or street address that you provided.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by video conference) or in-person in the county where you live (or at some other location that we both agree to).
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We'll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 2 "Changes to Terms or Services" above, if Bezarr changes any of the terms of this Section 190 "Dispute Resolution" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Bezarr's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Bezarr in accordance with the terms of this Section 19 "Dispute Resolution" as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. General Terms.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between us regarding the Services and Content, and supersede and replace any and all prior oral or written understandings or agreements between us regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Bezarr's prior written consent. Any such attempt by you, without our consent, will be null. Bezarr, on the other hand, may freely assign or transfer these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by Bezarr under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. Bezarr's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bezarr. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contact Information.
We are always happy to answer any questions you might have about these Terms or the Services. Please do not hesitate to contact us at email@example.com or call us at 951-666-9062.