Created: July22, 2015
Last Updated: July 22, 2015
Belgranoltd welcomes you. The following terms govern your access to and use of BeSocial.com, including any content, functionality, and services offered on or through BeSocial.com (the "Website"), whether as a guest or a registered user.
Please read these terms carefully before you start to use the Website because your access is on the condition that you agree to these terms. Please pay special attention to the following sections: (1) disclaimer of warranties and limit on liability (section 12); (2) place for resolving disputes (section 16.2); (3) mandatory mediation and arbitration (sections 17.3 and 17.4); (4) jury trial waiver (section17.7); (5) class action waiver (section17.8);and (6) limitation on time to file disputes (section17.9).
By accessing the Website, or by clicking to agree to the terms when we make this option available to you (for example, during registration), you agree to these terms. If you do not want to agree to these terms, you must not access or use the Website.
Minors Prohibited. The Website may contain sexually explicit content and is not intended for minors. Only adults who are at least 18-years old that have reached the age of majority in their jurisdiction may access the Website. We forbid all persons who do not meet these age requirements from accessing the Website.
Section 230(d) Notice. Under 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Drafting Notice. We present these terms in a relaxed question and answer format for the most part. We do this for your convenience, not ours. By presenting these terms in question and answer format, we do not imply or suggest that they do not form a binding agreement between you and us. These terms are just as binding as if we presented them to you in a stuffy legal format that only people of legal training would understand.
You should read these terms in full because they apply every time you visit BeSocial. But just in case you ever need a quick reminder of the important points, here's a brief summary:
If you are under 18-years old or the age of majority in your community, unfortunately you can't use BeSocial yet because it's a meeting place for adults only.
We're not responsible for anything that you post or say while you are on BeSocial and we don't monitor the content of the Website, but if we do see or someone tells us that you have posted something that we think is inappropriate, we may remove it.
We do not conduct criminal background screening of our users. To learn about online dating safety, visit our online dating safety tips page.
If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
All disputes are subject to mandatory mediation and mandatory arbitration in the Netherlands.
We may change these terms on one or more occasions, but changes will not apply to ongoing disputes or to disputes arising out of events happening before the posted changes.
2.1 BeSocial is a casual dating and social networking website for adults designed as a forum for meeting new people, a place to have casual discussions, and to share photos, videos, stories, and other information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use BeSocial in a manner consistent with its purpose and according to these terms.
2.2 The Website may contain uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website. If you do not meet these age requirements, you must not access this Website and must leave now.
2.3 By accessing the Website (or purchasing premium services), you state that the following facts are accurate:
3.2 If you choose, or we provide you with, a username, password, or any other piece of information as part of our security procedures, you will treat this information as confidential, and you will not disclose it to any other person. You also acknowledge that your account is personal to you, and you will not provide any other person with access to this Website or parts of it using your username, password, or other security information. You will promptly notify us about any unauthorized access to or use of your username or password or any other breach of security. You also will make sure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity initiated under your username and password, and we will not be liable to you if another person logs into your account and steals your information. We will hold you responsible if another person logs into your account and uploads infringing or prohibited content to the Website or if a minor users your account to access the Website.
3.3 We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have breached any provision of these terms.
4.1 Who can use BeSocial?
Anyone who satisfies the eligibility requirements stated in section2.3.
4.2 Do I have to pay to use BeSocial?
No, but we may change this policy in the future. As a registered user, you have access to all of the features and services available on the Website. In the future, we may offer additional features and services for a fee. A profile may remain posted on the Website even if that user is not actively using BeSocial. You acknowledge that although a user's profile may be viewed, you may not be able to communicate with that user if he or she is not then actively using BeSocial.
4.3 What kind of content may I post on BeSocial?
You can post all kinds of things on BeSocial, including photographs, videos, emails, messages, stories, and other content.
There are some rules about what is acceptable though, so when you are using BeSocial you will not post or send any content that:
Please use your common sense when picking the content that you choose to post or send through BeSocial because you are solely responsible for, and bear all liability in relation to, that content. We may investigate and take appropriate legal action against anyone who breaches this provision, including removing the offending communication from the Website and terminating or suspending the account of any violators.
4.4 Are there any rules about personal information like my email address?
You will not display any personal contact or banking information on your individual profile page whether about you or any other person (for example, names, home addresses or zip codes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. You acknowledge that any person visiting the Website may view any content you post on the Website. You acknowledge that we are not responsible for, and cannot control, the use by others of any information you provide about yourself on or through the Website. We encourage you to use the same caution in disclosing details about yourself to people online as you would under any other circumstances.
4.5 What about other people's personal information, can I use it?
No. The Website is for personal use only. You will not use the Website for any commercial endeavors, including (1) advertising or soliciting any user to buy or sell any products or services that we do not offer; or (2) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You will not use another user's personal information, except that you may use it if your use matches BeSocial's purpose of allowing people to meet one another. You will not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Organizations, companies, or businesses will not use the Website or its services for any purpose.
We may terminate your account if you misuse other users' information. In addition, we may investigate and take any available legal action in response to illegal or unauthorized uses of the Website, including collecting usernames or email addresses of users by electronic or other means for sending unsolicited email and unauthorized framing of or linking to the Website. If you suspect someone is engaging in these types of activities, please contact us promptly.
4.6 Some of my friends want to see all the people I'm chatting with. Can I tell them my username and password and let them log in as me?
No. You will not allow anyone else to access your account with BeSocial. You will not share your password with anyone or let anyone else access your account because this jeopardizes the security of all of the content and personal information that you have submitted to BeSocial. You are responsible for keeping your password secret and secure. BeSocial will not be liable for any unauthorized access to your account, and you are solely responsible for all activities that occur under your password. If you suspect that someone has gained access to your account, you will promptly contact us and tell us about your suspicions or concerns. You will also promptly change your password. We may terminate your account if you breach our rules on keeping your password secure.
4.7 Who can see the content that I post on BeSocial?
When you upload content to BeSocial, anyone may access or view it if you upload it to a public album or profile (unless you make your entire profile private and accessible to other registered users only). If you upload content to a private album, only people you give permission to can view the content in your private album. If you do not want others to see your content, you should not upload it to BeSocial. We may remove, edit, limit, or block access to any content that you upload or submit to BeSocial at any time without notice. We are not required to display your content, check the accuracy of user generated content, or monitor your or other users' use of BeSocial.
5.1 Do you restrict the number of profile or chat messages I can send in a 24-hour period?
At this time, we do not impose any restrictions on the number of profile or chat messages you can send in a 24-hour period. But we may in the future restrict the number of profile or chat messages that you can send to other users in any 24-hour period to a number that we consider appropriate.
5.2 Do you conduct criminal background checks on registered users?
We do not conduct criminal background checks on registered users. You are solely responsible for your interactions with other users of the Website. We do not (and will not)(1) monitor the activity of our users; (2) screen or interview our users; (3) investigate the background of our users; or (4) try to verify the accuracy of statements made by users. We are not making any warranties about the conduct of users or those acting on their behalf. We recommend that you take reasonable precautions in all communications, meetings, or interactions with other users on BeSocial. Please also consider the following online dating safety tips:
Anyone who can commit identity theft can also falsify a dating profile.
There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
To learn more about online dating safety, please click here or visit Get Safe Online.
5.3 Do you monitor the Website?
As we said above, we do not prescreen or preemptively monitor the content or conduct on the Website. We do not and cannot monitor everything that takes place on the Website and we rely on you to bring any abuse to our attention promptly. You acknowledge that while using the Website, you may be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for that content. You also acknowledge that you may be exposed to content that is inaccurate, offensive, obscene, indecent, or otherwise objectionable, and you hereby waive any rights or remedies you might have against BeSocial for this exposure.
While we assume no responsibility to monitor the Website for inappropriate content or conduct, if we choose to do so, we will not be liable for any action or inaction for transmissions, communications, or content provided by any user or third party. We may delete any submission that we believe breaches these terms or may be otherwise offensive or illegal. We may also delete any submission that harms or threatens the safety of any person or that otherwise violates another person's rights.
We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content or engaging in conduct in breach of these terms. You hereby waive any claims you might have against us—including our affiliates, licensees, and service providers—resulting from any action taken by us during or because of our investigations and from any actions taken because of investigations by either us or law enforcement authorities.
5.4 Can I hold you responsible for the conduct of another user?
No. We are not responsible for the conduct of any user. We will not be liable to you for any losses or damages arising out of or relating to the conduct of you or anyone else in using the Website or the service. We also will not be liable to you for any losses or damages resulting from communications or meetings with other users or persons you meet through the Website. You acknowledge that we are not making any guarantees—either express or implied—about your ultimate compatibility with anyone on the Website.
5.5 What if I have a dispute with another user?
Unfortunately, we cannot get involved with or mediate disputes between users for legal reasons (feel free to blame our lawyers). If you have a dispute with one or more users or those who have posted, viewed, or used information on the Website, you hereby release BeSocial from all liability arising out of disputes between you and other users or third parties.
5.6 What type of activities does BeSocial prohibit so I do not accidentally cross the line?
We may investigate or terminate your account if you have misused the Website or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Website, but involve users you meet through the Website. The following is a partial list of the type of actions that you will not engage in concerning the Website or its services. You will not:
Verbally abuse other users.
Pretend you're someone you're not.
Solicit money from any users.
Upload tasteless and pornographic material.
Do anything illegal on our Website.
Spam our users.
Post photos of your children.
"Stalk" or otherwise harass any person.
Express or imply that we endorse any statements that you make.
Ask or use users to hide the identity, source, or destination of any illegally gained money or products.
Use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website, its services, or its contents.
Collect usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
Interfere with or disrupt the Website or the servers or networks connected to the Website.
Email or otherwise send any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
Forge headers or otherwise manipulate identifiers to disguise the origin of any information sent to or through the Website (either directly or indirectly through use of third-party software).
"Frame" or "mirror" any part of the Website without our advance written consent.
Use meta-tags, code, or other devices containing any reference to us or the Website (or any trademark, trade name, service mark, logo, or slogan of ours) to direct any person to any other website for any purpose.
Change, adapt, sublicense, transfer, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the Website or any software used on or for the Website, or cause others to do so.
Post, use, send, or distribute, directly or indirectly, in any way any content or information obtained from the Website other than solely for your use of the Website according to these terms.
6.1 Once I have uploaded content on BeSocial, do I still own it?
BeSocial does not claim any ownership rights in the contributions that you post on or through the Website. After making a contribution to the Website, you continue to retain any ownership rights that you may have in your contributions, subject to the limited license described in this paragraph. By making a contribution, you hereby grant BeSocial a perpetual, nonexclusive, fully-paid, royalty-free, sub licensable, worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell, and distribute the contribution through the Website, in all media now known or later created and in any other way in BeSocial's sole discretion. The license you grant to BeSocial is nonexclusive (meaning you are free to license your contribution to anyone else besides BeSocial), fully-paid and royalty-free (meaning that BeSocial is not required to pay you for the use of your contribution to the Website), sub licensable (so that BeSocial can use its affiliates, subcontractors, and other partners, including Internet content delivery networks and wireless carriers to provide the services), and worldwide (because the Internet and the Website are global in reach).
By posting or sending content on or through the Website, you state that the following facts are accurate:
You own or have the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, and any other proprietary rights in the submission to allow inclusion and use of the submission in the way contemplated by the Website and these terms;
Your posting does not infringe any intellectual property or privacy rights of any person or threaten the personal safety of any person;
You are not posting any content depicting any person under 18-years old; and
You have a signed written consent or release for each identifiable person (other than you) in the submission to use their name or likeness to allow inclusion and use of the submission in the way contemplated by the Website and these terms.
We may disclose your identity or other information about you to any person who claims that any content posted or uploaded by you to the Website infringes their intellectual property rights, their right to privacy, or any other law.
6.2 Whom does the rest of the content on BeSocial belong to then?
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and the design, selection, and arrangement of it) are owned by BeSocial, its licensors, or other providers of these material and are protected by the Netherlands and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These terms allow you to use the Website for your personal, noncommercial use only. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on the condition that you agree to be bound by our end user license agreement for those applications.
If we provide social media features with certain content, you may take those actions as are enabled by the social media features.
You will not:
Modify copies of any materials from this Website.
Use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
You will not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these terms, your license to access the Website will terminate and you will, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you; BeSocial reserves all rights not expressly granted. Any use of the Website not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark, and other laws.
6.3 May I use any of the content that doesn't belong to me?
No. Except for what you submit to BeSocial, you do not have any rights to the content on BeSocial, and you will not use any content in any way that may infringe any other person's rights. This means that you will not copy, modify, adapt, distribute, publish, or sell any part of the Website or the content contained on it (other than content you submit) to anyone else. You will not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
7.1 What can I buy on BeSocial?
BeSocial offer you the opportunity to pay for certain premium services offered on the Website. BeSocial’s premium services include various opportunities to communicate, find and meet additional people, to customize your profile, and to boost your profile so more people find you. You may purchase premium services after you register, and purchase of premium dating services gives you unlimited, lifetime access. If you initiate a chargeback or otherwise reverse a payment made by you using your chosen payment method, we may terminate your account. Review our Refund Policy for additional details.
7.2 How do I renew my premium services with BeSocial?
If you have requested a BeSocial premium service, you hereby authorize BeSocial to charge your chosen payment method for a one-time, Unlimited membership. Access to premium dating features will continue until your profile is deactivated. If you want to cancel or deactivate your account, you can do so through the My Settings option under your profile. or by contacting your mobile service provider. Your subscription to BeSocial’s premium services will not automatically renew.
You will provide us accurate information for your billing account. You will promptly update all information to keep your billing account accurate (for example, a change in billing address, card number, or expiration date). You will promptly notify us if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (including an unauthorized disclosure or use of your password). If you fail to provide us any of this information, we will hold you responsible for the fees incurred under your account. You hereby authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
7.3 May I transfer any of my paid for services to another BeSocial user?
No. If you purchase premium services, you will only use these services for yourself and will not transfer (free or as a sale) to or purchase from other BeSocial users or third persons. BeSocial may refuse to honor any paid for services where you have tried to transfer those services to another user or third person or have tried to buy those services from another user or third person. BeSocial will only provide paid for services to you if you purchased them directly from us.
8.1 Do you guarantee that BeSocial will be up and running at all times?
Unfortunately we can't guarantee that because sometimes we have to carry out maintenance to the Website or it may be affected by a fault or circumstance outside our control, so we provide BeSocial on an "as is" and "as available" basis. BeSocial is not making any warranty about the quality, accuracy, functionality, availability, or performance of BeSocial.We may suspend, withdraw, or change the service provided on BeSocial without notice and without incurring any liability to you.
8.2 What about mobile access?
You are responsible for making all the necessary arrangements to make sure you can access BeSocial (including Internet provider and mobile Internet provider fees, and any other charges associated with that access). We will not be liable for any reduced functionality you may encounter because of or in connection with accessing BeSocial through mobile services or any similar service currently known or developed in the future.
By accessing BeSocial or agreeing to receive messages or notifications from BeSocial through your mobile phone or any other connected media device (including a tablet), you acknowledge that you may incur charges from your Internet or mobile service provider. We will not be liable to you for those charges under any circumstances.
8.3 I'm not registered and I can't seem to access some content on the Website. Why is that?
Nonregistered users can access only that part of BeSocial that is publicly available. They will not have a profile or the ability to upload any content. The extent of registered users' access to BeSocial will depend on meeting certain criteria relating to their profile. We may change the criteria on one or more occasions without notice.
9.1 Termination of use by us
My profile has disappeared and I can't log in. What's going on?
Sometimes people forget about the terms and post content or act in a way while on BeSocial that is not consistent with the purpose of the Website. If we think that you may be one of those people, we may at any time and without notice:
9.2 Termination of use by you
They say that you can have too much of a good thing.… What do I do if I want to "remove" myself from BeSocial?
Content that you have uploaded to the Website, other than your profile (for example comments or email messages), may still appear on the Website after you cancel your account.
10.1 Someone is not obeying the terms, whom do I tell?
You can report any abuse or complaint about content on BeSocial by contacting us and outlining the abuse or complaint. You can also block or report a user directly from their profile, by clicking the "Report Abuse" link on the user's profile and selecting the reason for the complaint (if you want to simply block the user, click "block" after clicking the "Report Abuse" link).As a user of BeSocial, you are responsible for managing your own block list.
10.2 Someone is infringing my copyright, how do I report it?
We prohibit copyright infringing activities. If you believe that any user submission violates your copyright, please see our [Copyright Policy] for instructions on sending us a notice of copyright infringement. It is the policy of BeSocial to terminate the user accounts of repeat infringers.
Do you have guidelines in place about what you can do with my personal data?
Are the links on the Website anything to do with BeSocial?
The Website may contain links to other websites, resources, and purchase opportunities provided by third parties, including in the form of advertisements. We provide these links to you for your information only. If you access these links, you may be directed to third-party websites. These third-party websites will have their own terms and privacy policies, which may differ from ours. Our display of links to third-party websites does not constitute an endorsement by us of any of the third-party content, information, websites, or resources provided.
Please understand that we have no control over the contents of third-party websites or resources, and we accept no liability for them, including the third-party website's compliance with any laws.
13.1 I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
No. If you act in a way that upsets other users, you will be responsible for the consequences. We will not be liable for your conduct or the conduct of any other user of BeSocial, and we will not be liable for content uploaded by you or by any other user.
13.2 My friend is a lawyer and says that you can't exclude liability for everything…
Nothing in these terms limits or excludes our liability for:
13.3 Okay, so what can't I sue you for?
14.1 I forgot the rules about conduct on here and now someone is threatening to sue you. What now?
You will pay us for any loss of ours that is caused by (1) your access of the Website; (2) your conduct on the Website; (3) your breach of these terms; (4) your infringement/violation of rights of another person, including intellectual property and privacy rights; or (5) your negligent or intentional misconduct. But you are not required to pay if the loss was caused by our intentional misconduct.
14.3 Our Duty to Notify
We will notify you before the 15th business day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. But our failure to timely notify you does not terminate your obligation, except if that failure prejudices your ability to mitigate losses.
14.4 Legal Defense of a Claim
We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we will cooperate with each other in good faith on a claim.
14.5 No Exclusivity
Our rights under this section do not affect other rights we might have.
15.1 We make the information presented on or through the Website available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
15.2 This Website includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of BeSocial. We will not be liable to you or any nonparty for the content or accuracy of any materials provided by any third parties.
The owner of the Website is located in the Netherlands. We are not making any statement that the Website or any of its content is accessible or appropriate outside of the Netherlands. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Netherlands, you do so on your own initiative and are responsible for complying with all local laws.
17.1 The laws of the Republic of Seychelles—without giving effect to any principles of conflicts of law—govern all matters arising out of (or relating to) the Website or these terms. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a "sale of goods."
17.2 Except for disputes subject to arbitration, all disputes arising out of (or relating to) the Website or these terms will be subject to the exclusive jurisdiction and venue of the courts in the Republic of Seychelles. Each party hereby submits to the personal jurisdiction of the courts in the Republic of Seychelles to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
17.3 For purposes of this section, the Website will be deemed solely based in the Republic of Seychelles and will be deemed a passive website that does not give rise to personal jurisdiction over BeSocial, either specific or general, in any other jurisdiction.
18.1 In General
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of (or relating to) the use of the Website.
18.2 Litigation Election
Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process.
If the parties cannot settle a dispute through negotiation within a period of 30 days, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the Mediation Rules of the International Centre for Dispute Resolution. Mediation will take place in the Republic of Seychelles. The language of the mediation will be English. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.
If the parties fail to settle within 30 days after service of a written demand for mediation, the parties will settle any unresolved dispute arising out of these terms by arbitration administered under the then current rules of the Commercial Code of the Republic of Seychelles. This is the exclusive remedy and forum for resolving disputes. Unless the parties agree in writing on another venue, arbitration will take place in the Republic of Seychelles before a single arbitrator. The language of the arbitration will be English. The arbitrator will make a determination and issue an award no later than 30 days after the close of the evidence in the arbitration proceeding. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the arbitrator's right to award costs and fees under these terms. The arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator's decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator's award. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties.
18.5 Right to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.
18.6 Recovery of Expenses
In any adversarial proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings. For purposes of this section, "prevailing party" means, for any adversarial proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party.
18.7 Waiver of Jury Trial
Both parties hereby waive the right to a trial by jury for any dispute arising out of (or relating to) the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.
18.8 Class Action Waiver
The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
18.9 Limitation on Time to File Disputes
A party will not file a dispute arising out of (or relating to) the Website or these terms more than one year after the cause of action arose. Any dispute brought after one year is barred.
19.1 Entire Agreement
These termsform the entire agreement between you and us about your access to the Website. It supersedes all earlier or contemporaneous terms between you and us about access to the Website. A printed version of these terms will be admissible in any proceedings arising out of (or relating to) these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
19.2 Copy of these Terms
You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us and we will email you a copy.
We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the "last updated" date stated at the top of the terms. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While we will try to notify you when we make changes to these terms, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current terms. By continuing to use the Website after we post changes to these terms, you agree to the revised terms. If you do not agree to the revised terms, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us.
19.4 Assignment and Delegation
We may assign any rights or delegate any obligations under these terms to an affiliate or third party. You will not assign your rights or delegate your obligations under these terms without our advanced written consent. Any attempted assignment or delegation in breach of this provision will be void.
19.5 No Waiver
If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other's breach of a provision, that waiver is not treated as waiving a later breach of the provision.
If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.
19.7 Cumulative Remedies
All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
19.8 Successors and Assigns
These terms bind and inure to the benefit of the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.
19.9 No Third-Party Beneficiaries
These terms do not and the parties do not intend them to confer any rights or remedies on any person other than the parties to these terms.
19.10 Force Majeure
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
19.12 Communications and Test Profiles
19.13 Electronic Communications Not Private
We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
19.14 Electronic Signatures
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
19.15 English Language
We encourage you to provide feedback about the Website. However, we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
19.17 Consumer Rights Information—California Residents Only
This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Belgranio Media Limited
Suite 9, Ansuya Estate
Victoria, Mahe, Seychelles
Users who want to gain access to the password-restricted area of the Website must register. We do not charge consumers for registering, but we may charge for registering in the future. You may contact us at email@example.com to resolve any disputes or to receive further information about the Website.
19.18 Complaints—California Residents
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
19.19 Your Comments and Concerns
The Website is operated by Belgranio Media Limited, which is located at Suite 9, Ansuya Estate, Revolution Avenue, Victoria, Mahe, Seychelles. You should send all notices of copyright infringement claims to the copyright agent designated in our Copyright Policy in the manner and by the means set out in our copyright policy. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to firstname.lastname@example.org.
In these terms, the following usages apply: