BBE CREATIVE
BBE Creative Terms of Service
("BBE Creative", “Mike Moses”, “Email Lazarus”, Miramo Inc. "We", or "Us")
Last Updated: October, 2022
The following terms and conditions (“Terms” or the “Agreement”) govern the use of www.BBEcreative.live, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Site”) and any product or service made available through the Site. This Site, including any BBEcreative product or service, is provided to you subject to your compliance with these Terms and any other operating rules, policies (including, without limitation, BBEcreative Privacy Policy), and procedures that BBEcreative may publish from time to time on the Site. By accessing and/or using our Site and our products or services, you are agreeing to be bound by the terms and conditions of this Agreement, which constitute a binding legal agreement between us. In some cases, your use of certain services may be subject to additional terms, which will be presented to you when you sign up to use or engage in those services.
TABLE OF CONTENTS
1. Site Use
2. Changes to these Terms
3. Privacy and Security Disclosure
4. Accuracy, Completeness, and Timeliness of Information
5. Intellectual Property
6. User Conduct
7. Account Registration
8. Social Media
9. Copyright Notice
10. DISCLAIMER OF WARRANTIES
11. DISCLAIMER OF LIABILITIES
12. Indemnification
13. Third-Party Websites and Links
14. Testimonials, Reviews, and Other Submissions
15. Electronic Communications
16. Assignment
17. No Waiver
18. Choice of Law
19. Severability
20. Termination
21. Entire Agreement
22. Questions or Additional Information
TERMS OF SERVICE
1. Site Use
By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. Changes to these Terms
BBEcreative reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can review the most current version of these Terms at any time by visiting this page (https://www.BBEcreative.live/terms-of-service1). It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.
3. Privacy and Security Disclosure
BBEcreative’s Privacy Policy may be viewed at https://www.BBEcreative.live/terms-of-service1. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of this Agreement. BBEcreative reserves the right to modify the Privacy Policy at its sole discretion.
4. Accuracy, Completeness, and Timeliness of Information
The material on the Site is provided for general informational purposes only. While we endeavor to provide accurate and current information on our Site, there may be information on our Site that contains typographical errors, inaccuracies, or omissions related to product or service descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
5. Intellectual Property
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, Submissions (defined below), articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, third-party apps, and any other content on the Site (“Content”) and the trademarks, service marks, and logos contained therein are the property of BBEcreative and its third-party licensors or providers. You acknowledge that you do not acquire any ownership rights to BBEcreative’s Content by using the Site. BBEcreative reserves all rights not expressly granted in and to the Site.
6. User Conduct
You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site and its products or services, you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
- Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about visitors to the Site without their express consent;
- Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site; or
- Transmit any Content which contains software viruses or other harmful computer code, files, or programs.
7. Account Registration
In order to access some of the products or services of the Site, you may be required to create an account. By creating this account, you agree to the following:
- You may only maintain a single account;
- You may never share your account user name or password or knowingly provide or authorize access to your account;
- You may never use another user’s account without permission;
- When creating your account, you must provide accurate and complete information;
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
- You must notify us immediately of any breach of security or unauthorized use of your account; and
- You will be liable for any use made of your account or password and the losses of BBEcreative or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
- BBEcreative may send you periodic product/service updates and other communications, which are considered part of the BBEcreative’s services, which you may not be able to opt-out from receiving.
- BBEcreative has the right, in its sole discretion, to cancel your account or suspend your access to the Site.
8. Social Media
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of BBEcreative, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
9. Copyright Notice
The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
BBEcreative
302 Wildflower Lane
Mountian View, Arkansas
72560
Tel. (501) 600-2224
Email: bbe.monetizeyouremail@gmail.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10. DISCLAIMER OF WARRANTIES
EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONSENTS, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED TRHOUGH THE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL BBECREATIVE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS OR SERVICES, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER BBECREATIVE HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, BBECREATIVE IS FOUND LIABLE UNDER ANY THEORY, BBECREATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER BBECREATIVE WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless BBEcreative, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your use of the Site and any BBEcreative product or service, (2) your breach of these Terms or the documents they incorporate by reference; (3) your breach of any representations or warranties in this Agreement; or (4) your violation of any law or the rights of a third-party.
13. Third-Party Websites and Links
Our Site may include materials from third parties or links to third-party websites. BBEcreative is not liable for any third-party materials or websites. Please carefully review the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
14. Testimonials, Reviews, and Other Submissions
BBEcreative is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or review that you provide BBEcreative is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that BBEcreative may use testimonials and/or product/service reviews, in whole or in part, together with the name and city/state/country of the person submitting it. Testimonials may be used for any form of advertising relating to BBEcreative’s products or services, in printed and online media, as BBEcreative determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services.
Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, BBEcreative reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. BBEcreative shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
15. Electronic Communications
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
16. Assignment
You may not assign any of your rights under these Terms, and any such attempt will be null and void. BBEcreative and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of BBEcreative’s business is transferred to another entity by way of merger, sale of its assets, or otherwise.
17. No Waiver
No waiver by BBEcreative of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by BBEcreative to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18. Choice of Law
This Agreement, any access to or use of the Site will be governed by the laws of the state of Arkansas, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Little Rock, Arkansas.
19. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
20. Termination
In the event that we terminate this Agreement, Sections 1-27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
21. Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and BBEcreative, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
22. Questions or Additional Information
If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:
BBEcreative
302 Wildflower Lane
Mountian View, Arkansas
72560
Tel. (501) 600-2224