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Contents Acknowledgment and Acceptance This website ("Site") and any services provided on such site ("Service") are owned and operated by The Personal Bee, Inc. ("Personal Bee"). Access to and use of the Site and Service by you are subject to the terms and conditions of this user agreement ("Terms and Conditions") and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SITE AND SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. The Personal Bee reserves the right to change the Terms and Conditions at any time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes. Your continued use of the Site and Service constitutes an affirmative acknowledgment and agreement by you to abide and be bound by the Terms and Conditions and any modifications.[Back to Top.]
The Personal Bee may provide you with access to user created and/or edited pages and comments which allow you and other users to post information, provide feedback to other users and Personal Bee, and interact in real-time. These services are free of charge but if any services in the future are not free of charge, any requirements or fees will be clearly explained and separately agreed to when you implement those options, if any. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for your own access to the World Wide Web and pay any fees associated with such access. The Personal Bee reserves the right to modify or discontinue the Site or Service with or without notice to you. The Personal Bee shall not be liable to you or any third party should The Personal Bee exercise the right to modify or discontinue the Site or Service. [Back to Top.] User Account, Password and Security In order to subscribe to topic areas or to use some portions of the Site, you may choose to register with the Personal Bee. If you choose to register, you shall receive a password and an account. You may change your password at any time. You are entirely responsible if you do not maintain the confidentiality of your password and account. You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Personal Bee's sole discretion, and Personal Bee may refer you to appropriate law enforcement agencies. [Back to Top.] Content Submitted or Made Available on the Site You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Personal Bee, are entirely responsible for all Content that you may upload, post or otherwise transmit via the Site and Service. Any user submitting any Content on the Site represents that such user has all rights necessary to post such Content without violation of any intellectual property or other rights or any laws or regulations. You acknowledge that Personal Bee and its affiliates do not control the information or Content available on the user edited and/or created pages, comments or other user generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any comment board or on any other user or member generated pages are those of their respective authors who are solely liable for their content. In this regard, you acknowledge that you may not rely on any Content created by Personal Bee or submitted to Personal Bee. You acknowledge that Personal Bee does not pre-screen Content posted on the Site, but that Personal Bee and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse to post, or remove any content or material that is submitted to or posted on any user generated page or comments and that is available via the Site or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Personal Bee may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Service or any additional Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Personal Bee, its users and the public. Personal Bee does not claim ownership of the Content you upload, place or post through this Site or the Service. By uploading, placing or posting Content through this Site or the Service, however, you grant Personal Bee a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting such Content on Personal Bee's Internet properties. [Back to Top.] This Site or the Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Personal Bee has no control over such sites and resources, you acknowledge and agree that Personal Bee is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Personal Bee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. [Back to Top.] You agree that you will not: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;[Back to Top.] Notice and Procedure For Making Claims Personal Bee respects the intellectual property of others, and we ask our users to do the same. Personal Bee may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 Personal Bee's Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;Personal Bee's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: The Personal Bee, Inc. [Back to Top.] Personal Bee's Proprietary Rights You acknowledge and agree that the Site and Service and any necessary software used in connection with the Site and Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Site, Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Personal Bee, appropriate third parties, or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, Service or the Software or any Content found on the Site and Service, in whole or in part. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site and Service. You agree not to access the Site and Service by any means other than through the interface that is provided by Personal Bee for use in accessing the Site and Service.[Back to Top.] Submission of Unsolicited Ideas and Information Personal Bee does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Personal Bee representative, any material, information or idea you transmit to Personal Bee by any means may be disseminated or used by Personal Bee or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy. [Back to Top.] A partial list of U.S. trademarks owned by Personal Bee follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of Personal Bee should be referred to Personal Bee Legal at support@personalbee.com. Failure of a mark to appear on this page does not mean that Personal Bee does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ® are registered trademarks of Personal Bee in the United States; all others are trademarks or common law marks of Personal Bee in the United States. You agree to indemnify and hold Personal Bee, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of this Site, the Service or Software, your connection to this Site or the Service, your violation of these Terms of Service, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using this Site, the Service or Software, including, but not limited to, costs incurred for Internet access. [Back to Top.] The Site and Service are made available for your personal, non-commercial use only. You may not use the Site and Service to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. Any use by you of any other user's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these terms of service. You agree that you will not use the Site and Service for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a comment board or any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. [Back to Top.] You understand and agree that you access, download or otherwise obtain material through the use of the Site and Service at your own discretion and risk. Personal Bee disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Site and Service. Personal Bee disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Personal Bee disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Site and Service.
THE SITE AND SERVICE, SOFTWARE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SITE AND SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PERSONAL BEE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PERSONAL BEE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND SERVICES. PERSONAL BEE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE AND SERVICE. PERSONAL BEE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE AND SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE AND SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE AND SERVICE.[Back to Top.]
UNDER NO CIRCUMSTANCES SHALL PERSONAL BEE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SITE AND SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PERSONAL BEE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE AND SERVICE, FROM INABILITY TO USE THE SITE AND SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE AND SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE AND SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE AND SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE AND SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE AND SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE AND SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE AND SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.[Back to Top.] Personal Information/Privacy Policy When you subscribe to or create a user generated edition, answer survey questions or at other times, you may be required to provide Personal Bee with personal information. In addition, you may choose to provide Personal Bee or other users with additional information, including your mailing address, household income, education, marital status and employment status. Any information provided by you or gathered by Personal Bee or third parties during any visit to the Site and Service shall be subject to the terms of Personal Bee's Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Personal Bee's Privacy Policy. Personal Bee reserves the right to terminate your access to or use of any specific content, services or events if Personal Bee learns that you have provided Personal Bee with false or misleading personal information. [Back to Top.] These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Personal Bee services, third-party content or third-party software. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Personal Bee. [Back to Top.] Last Updated: February 27, 2006 |