Last Modified: 19 September 2020
ACCESSING THE SERVICES AND ACCOUNT SECURITY
Authorized User Account.
Minor Representative User Accounts.
The Services are not offered or available to users who are under the age of 18 years (“Minors”). Minors will only be permitted to access educational content on the Services through an Authorized User Account created by the Minor’s parent or legal guardian, or educational institution following written consent from the minor’s parent or legal guardian (each, a “Minor Representative User Account”) and in accordance with applicable laws and regulations. No photographs, physical addresses, names, contact information and/or any other form of Personal Data of Minors will be submitted, uploaded and/or otherwise input to the Services. By using the Services, You represent and warrant that You are of legal age to form a binding contract with 2Be Live and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Services.
If You choose, or are provided with, a user name, password, or any other piece of information as part of our security or registration procedures (“Access Credentials”), You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Services or portions of it using Your Access Credentials or other security information. You also agree to ensure 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.
Apple and Android Devices. When You access or use the Services through a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”), the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service. In the event of any failure of the mobile application to conform to any applicable warranty, You may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
TRADEMARKS; INTELLECTUAL PROPERTY
2Be Live name, and all related names, logos, product and service names, designs, and slogans are trademarks of 2Be Live or its affiliates or licensors. You must not use such marks without the prior written permission of 2Be Live. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners.
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by 2Be Live, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Unless specifically authorised in writing by us, You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
• Your computer may temporarily store copies of such 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 or download one copy of a reasonable number of pages of the Services for Your own personal, non-commercial 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, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• 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 site.
If You wish to make any use of the Services or any material on the Services other than that set out in this section, please address Your request to firstname.lastname@example.org.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• In a high risk or hazardous environment.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate 2Be Live, a 2Be Live employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone use or enjoyment of the Services, or which, as determined by us, may harm 2Be Live or users of the Services, or expose them to liability.
Additionally, You agree not to:
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.
The Services may contain, according to Your account settings, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Services.
Any User Content You post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Services, You represent and warrant that You own or control all rights in and to the User Content and You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, a worldwide, royalty-free, perpetual and irrevocable right to use, reproduce, modify, perform, display, distribute, disclose to third parties and perform all acts with respect to User Content as may be necessary for us to provide, monitor, measure, evaluate or improve the Services, without compensation to You and/or the owners of any such material.
You understand and acknowledge that You are responsible for any User Content You submit or contribute, and You, not 2Be Live, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant You own or control all rights in and to such content. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by You or any other user of the Services.
These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You accept that 2Be Live acts as a passive conduit for the distribution, presentation, provision, and/or publication of third-party generated User Content, and have no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content.
Notwithstanding the foregoing, although we have no obligation to screen User Content, to the extent that we are made aware of User Content that: (i) may or does violate the terms of this Agreement, applicable Laws, and/or the rights of third parties, (ii) may create liability for 2Be Live, and/or (iii) is inappropriate for any other reason in 2Be Live’s sole discretion, Customer accepts that 2Be Live may reject and/or remove such User Content, and/or suspend and/or terminate this Agreement and/or access to the Services with respect to any Authorized User associated with such User Content, each without any penalty or liability to Customer or any third-party.
2Be Live reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with (i) the operation and provision of the Services, (ii) to enforce the terms of this Agreement, (iii) to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, and the like, and/or (iv) to protect 2Be Live’s interests. For the avoidance of doubt, Customer agrees that 2Be Live has the right to disclose the identity of Customer and/or any Authorized User to law enforcement, regulatory agencies and/or any other third party, including, without limitation, those who claim that User Content and/or activity using the Services, is fraudulent, false, misleading, infringing and/or constitutes a violation of applicable Laws and/or this Agreement.
If You believe that any User Content violate Your copyright, please contact us on email@example.com. It is the policy of 2Be Live to terminate the user accounts of repeat infringers.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Services, or by anyone who may be informed of any of its contents.
This Services may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by 2Be Live, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of 2Be Live. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SERVICES
LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Services may provide certain social media features that enable You to:
• Link from Your own or certain third-party Services to certain content on this Services.
• Send emails or other communications with certain content, or links to certain content, on this Services.
• Cause limited portions of content on this Services to be displayed or appear to be displayed on Your own or certain third-party Services. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not:
• Establish a link from any Services that is not owned by You.
• Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Services other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE SERVICES
If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party services linked to our Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such services.
2BE Live is based in the State of Delaware in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AT YOUR OWN OPTION AND RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 2BE LIVE DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES.
WITHOUT LIMITING THE FOREGOING, 2BE LIVE DOES NOT WARRANT: THAT ANY USER CONTENT IS ACCURATE, RELIABLE OR CORRECT; OR THAT THE SERVICES WILL MEET CUSTOMER’S OR AUTHORIZED USERS’/CUSTOMER END USERS’ REQUIREMENTS; OR THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; OR THAT THE SERVICES WILL BE FREE OF HARMFUL CODE OR VIRUSES. CUSTOMER ACCEPTS that 2Be Live is not responsible FOR and has no liability, for User Content. ANY CONTENT DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT CUSTOMER’S AND AUTHORIZED USERS’/CUSTOMER END USERS’ OWN RISK. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR ANY OTHER HARDWARE EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
LIMITATION ON LIABILITY
The following applies to the fullest extent not prohibited by applicable Laws: IN NO EVENT WILL 2BE LIVE BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, WITH RESPECT TO THE SERVICES OR THIS AGREEMENT FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) LOST BUSINESS, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER 2BE LIVE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL 2BE LIVE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES AGREEMENT OR THE SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO 2BE LIVE UNDER THE SERVICES AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The Parties also agree to waive any right to act or propose to act in a representative capacity to bring any action, proceeding or lawsuit as a class or collective action, private attorney general action or any other proceeding. If this waiver is found to be unenforceable or illegal as to all or some parts of any dispute, such parts will not be resolved through arbitration, but the balance will.
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
This Agreement, constitutes the entire agreement between the Parties concerning the subject matter hereof, and supersedes all prior and contemporaneous agreements, proposals, oral or written, and all other communications between the Parties with respect to the subject matter hereof, except if the Parties have executed a separate written agreement or order from referencing a separate agreement governing the use of the Services, in which case such agreement will govern to the extent that any provision in this Agreement conflicts with the terms of such agreement.
YOUR COMMENTS AND CONCERNS
Any feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org.