Terms of Service:
(General Membership Agreement or Membership Agreement) between you (“You”, “Member”, “User or “Advertiser”) and Beanyblogger.com (“us”). Beanyblogger.com is a division of Khan Enterprises. We set out the terms of your membership. You must read, understand and agree to the terms and conditions of this Membership Agreement by marking “I Accept.” If you DO NOT agree to all the terms and conditions of this Membership Agreement is unwilling to allow You to become a Member and requires you not to register for a Member Account.
- Sending unsolicited mail to people, asking them to join or visit our site without any prior contact with you is not only against our policy, but it is also illegal. We have ZERO tolerance against spamming and if we receive just ONE SINGLE complaint against you for spamming, we shall first verify thoroughly that the spam incident did occur and if so then we may take any and all necessary steps for terminating or suspend your account.
- You agree and acknowledge that you will review this policy on a regular basis and you further agree that upon logging in and viewing our site you are deemed to have reviewed and accepted the latest revisions/modifications to this membership agreement.
- You may only have one account. Do not attempt to create more than one account or all of your accounts will be terminated. You should never need another account. Accounts are not transferable. If you have forgotten your user information all you need to do is request for it to be e-mailed to you.
- You agree to and must use your own name and email address in the sign-up process and may not assume a false identity. You may not sign-up multiple times with different email addresses. Your computer must not be shared with another individual that has an existing account. We have limited to one account per household computer.
- You will use your email address / password combination to access your account and it is your responsibility to keep this information confidential. You may change this information by logging into your account and following the “Account Profile” link. You are solely responsible for any and all use of your account including authorization by you to any third party individual who may use your account. Any unauthorized access to your account should be reported immediately.
- By registering with us, you certify that all information you provide in the registration is accurate and does belongs to you; otherwise we shall have the option of suspending or terminating your account.
- We have the right to suspend or terminate your account at any time, for our Membership Agreement violation(s) reason, with or without warning or notice. If we decide to give a notice, we will notify you by e-mail, which was provided during the registration process. we will however, allow any Member to appeal our decision, by contacting our Security Department. Please note due to the proprietary nature of our monitoring system, we’re not able to neither disclose any detailed information nor discuss the reason.
- 7-a) We shall suspend any Member’s Account after 30 days of inactivity of such account. You may contact our Support for reinstatement of account.
- 7-b) We shall suspend and remove all account information of a Member’s Account after 60 days of inactivity of such account. You may contact our Support for reinstatement of account only, with all account history shall be reset.
- 7-c) We shall terminate any Member’s Account after 90 days of inactivity of such account. You may not request for reinstatement of account.
- Should we detect any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal in the sole discretion of us, these actions may result in member termination and possible legal action as well as.
- You must have a valid unique e-mail address to register with our program.
- We shall and may at any time request for additional information or verification.
- Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us. You understand that you do not have authority to make or accept any offers or make any representations on behalf of us. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section.
- THIRD PARTY WEB SITES: we may now, or hereafter from time to time, contain links to third-party web sites. We do not control, investigate, monitor or check such web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such web sites, and we do not investigate, monitor or check. We provide such third-party links only as a convenience to visitors of the site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the site and access any third-party web site, you do so at your own risk.
- Disclaimers of Warranty: You expressly agree that use of our site and services is completely at your sole risk. the site and the services are provided on an “as is” basis. we make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included on the site. We disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no claim or warranty that the services offered or provided will meet your requirements, or that the services will be uninterrupted, timely, or error free. We do not warrant that the site or its services are free of computer viruses or other harmful materials.
- Disclosure to law enforcement, We may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with any law enforcement agencies.
- Liability: We will not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control. We reserve the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership terms and conditions or terminate services any time and without notice. We, its subsidiaries, affiliates and agents are not responsible for any products and services of other program participating companies or partners.
- We will not be liable for lost profits or any other indirect, punitive, incidental, special or consequential damages occurring out of or connected to this agreement, even if We have have been informed of the chance of such damages. In addition, we aggregate liabilities that occur under this agreement and will not exceed the entire amount of fees payable or paid to you under this agreement.
- You hereby agree to indemnify, defend and hold harmless us, its officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney’s fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”).
- intellectual Property: Upon registering to this Web site pursuant to the T.O.S., you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the our logo(s) or any other intellectual property owned by us, solely for providing an underlined, textual link or banner from your Web site to us, for the purpose of referring others to our site. No other use of our marks, names or logos is permitted without express written permission from us.
- Restrictions on Linking to our site: Without limiting other provisions contained in our T.O.S., you may only include a link(s) / banner(s) on your Web site to us publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access), with express written permission. You may not link us to any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
- Infringing Content: DMCA Notice Procedure – The Company will respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify the Beanyblogger.com copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Services;
- Information reasonably sufficient to permit Beanyblogger.com to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.The above information must be submitted to the following DMCA Agent:
Attn: Beanyblogger.com DMCA Department
Tel: +1 (973) 775-9343
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
In accordance with the DMCA and other applicable law, Beanyblogger.com has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. Beanyblogger.com may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Other Illegal or Infringing Content (Applicable to Users in the European Economic Area)
If you believe in good faith that any content on the Services is illegal or infringes your or a third party’s right (excluding copyright infringement) or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: firstname.lastname@example.org. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.