Welcome to Bee2Buy. In order for you, or your
company, to obtain or continue using services as described at
http://www.bee2buy.com, as such descriptions may be changed by
Bee2Buy from time to time (the "Bee2Buy Services"), you must agree to hand
accept the terms and conditions of this agreement (the "Agreement"). This
Agreement sets out the terms and conditions under which you may utilize the
Bee2Buy Services. Please read this Agreement carefully. It is important that
you understand that upon your acceptance of this Agreement, by continuing to
use any of the Bee2Buy Services.
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1.
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YOUR ACCEPTANCE BY USING AND/OR VISITING THIS WEBSITE
(collectively, including all Content available through the Bee2Buy.com domain name, the
"Bee2Buy Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS
(the "Terms of Service") AND THE TERMS AND CONDITIONS OF BEE2BUY'S PRIVACY NOTICE, WHICH ARE
PUBliSHED AT http://www.bee2buy.com/privacy.aspx,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms,
then please do not use the Bee2Buy Website.
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2.
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ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO YOU For uploading and
viewing video contents in this website, you are subject to terms and conditions to Videoegg.com's
Terms of Service, which are published at http://www.videoegg.com/general/tos.
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3.
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BEE2BUY WEBSITE These Terms of Service apply to all
users of the Bee2Buy Website, including users who are also contributors of video content,
information, and other materials or services on the Website. The Bee2Buy Website may
contain links to third party websites that are not owned or controlled by Bee2Buy.
Bee2Buy has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, Bee2Buy will not and
cannot censor or edit the content of any third-party site. By using the Website, you
expressly relieve Bee2Buy from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave the Bee2Buy
Website and to read the terms and conditions and privacy policy of each other website that you visit.
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4.
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WEBSITE ACCESS
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Access to the Site and certain of its features are provided to all
Users free of charge. However, Bee2Buy reserves the right, without prior notice,
to restrict access to certain areas or features of the Site to paying Users
or Users who undergo a specific registration process. Access to and use
the Premium Services are governed by additional terms and conditions under
separate agreements in addition to this Agreement. Bee2Buy reserves the
right to deny Premium Services to any User for whatever reason in order
to protect the interests of Bee2Buy.
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In order to access some features of the Website, you will have to create
an account. You may never use another'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 Bee2Buy
immediately of any breach of security or unauthorized use of your account.
Although Bee2Buy will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of Bee2Buy or others due
to such unauthorized use.
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You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner
that sends more request messages to the Bee2Buy servers in a given period of time
than a human can reasonably produce in the same period by using a convention on-line
web browser. Notwithstanding the foregoing, Bee2Buy grants the operators of public
search engines permission to use spiders to copy materials from the site for the sole
purpose of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. Bee2Buy reserves the right to revoke these
exceptions either generally or in specific cases. You agree not to collect or harvest
any personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any users
of the Website with respect to their User Submissions.
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5.
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REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and
provide certain data. In consideration of use of such Products and Services,
in registering and providing such data, you represent and warrant that: (a)
the information about yourself is true, accurate, current, and complete (apart
from optional items) as required by Bee2Buy registration forms ("Registration
Data") and (b) you will maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or Bee2Buy has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
Bee2Buy has the right to suspend or terminate your account and refuse any and all
current or future use of the Products and Services. All Bee2Buy registrations become
the exclusive property of Bee2Buy, its subsidiaries. Bee2Buy reserves the right to
use and reuse all registration and other personally identifiable user information.
Users may edit, update, alter or obscure their personally identifiable information
at any time by following the instructions located in Bee2Buy sites.
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6.
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MEMBER CONDUCT You understand that all information,
data, text, software, music, sound, photographs, graphics, video, messages, tags, or
other materials ("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from whom such Content originated. This means
that you, and not Bee2Buy, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service. Bee2Buy does not
control the Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service, you
may be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Bee2Buy be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
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upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
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impersonate any person or entity, including, but not limited to, a Bee2Buy official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
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upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
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upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
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upload, post, email, transmit or otherwise make available 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 or hardware or telecommunications
equipment;
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interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the Service;
You acknowledge that Bee2Buy may or may not pre-screen Content, but that Bee2Buy and its designees
shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move
any Content that is available via the Service. Without limiting the foregoing, Bee2Buy and its
designees shall have the right to remove any Content that violates the TOS or is otherwise
objectionable. 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, consent and agree that Bee2Buy may access, preserve and disclose your account
information and Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property or personal
safety of Bee2Buy, its users and the public.
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You shall be solely responsible for your own User Submissions and the consequences of
posting or publishing them. In connection with User Submissions, you affirm, represent,
and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize Bee2Buy to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all User Submissions to enable inclusion and use
of the User Submissions in the manner contemplated by the Website and these Terms of Service;
and (ii) you have the written consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting the User Submissions to Bee2Buy,
you hereby grant Bee2Buy a worldwide, non-exclusive, royalty-free, sublicenseable and transferable
license to use, reproduce, distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the Bee2Buy Website and Bee2Buy's (and its successor's) business,
including without limitation for promoting and redistributing part or all of the Bee2Buy Website
(and derivative works thereof) in any media formats and through any media channels. You also hereby
grant each user of the Bee2Buy Website a non-exclusive license to access your User Submissions through
the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User
Submissions as permitted through the functionality of the Website and under these Terms of Service. The
foregoing license granted by you terminates once you remove or delete a User Submission from the Bee2Buy Website.
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In connection with User Submissions, you further agree that you will not: (i) submit
material that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you are the owner
of such rights or have permission from their rightful owner to post the material and to grant
Bee2Buy all of the license rights granted herein; (ii) publish falsehoods or misrepresentations
that could damage Bee2Buy or any third party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations
of business: (v) impersonate another person. Bee2Buy does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and Bee2Buy expressly disclaims any and all
liability in connection with User Submissions. Bee2Buy does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and Bee2Buy will remove all Content
and User Submissions if properly notified that such Content or User Submission infringes on another's
intellectual property rights. Bee2Buy reserves the right to remove Content and User Submissions without
prior notice. Bee2Buy will also terminate a User's access to its Website, if they are determined to be a
repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than
twice and/or has had a User Submission removed from the Website more than twice. Bee2Buy also reserves the
right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service
for violations other than copyright infringement and violations of intellectual property law, such as, but
not limited to, pornography, obscene or defamatory material, or excessive length. Bee2Buy may remove such
User Submissions and/or terminate a User's access for uploading such material in violation of these Terms
of Service at any time, without prior notice and at its sole discretion.
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7.
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LICENSE TO MEMBER WEB PAGES AND OTHER USER CONTENT
By submitting a web page to Bee2Buy, or any other web page hosting service on Bee2Buy, you grant
Bee2Buy a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy,
transmit, publicly display, publicly perform, create compilations including, and distribute such
web page, and any associated Content, for the limited purposes of publishing and promoting the
user's web page in connection with the particular service with which the user has chosen to have the
web page hosted and for publishing and promoting such web page elsewhere within Bee2Buy. Such
license shall apply with respect to any form, media, or technology now known or later developed.
The term of the license will extend only for the duration of the user's membership with the particular
Bee2Buy service. You acknowledge and agree that Bee2Buy runs advertisements on the web pages of its
users and grant Bee2Buy the right to do so. These advertisements may include, without limitation,
"banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such
advertising is subject to change.
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8.
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TRANSACTIONS BETWEEN BUYERS AND SELLERS
By submitting a web page to Bee2Buy, or any other web page hosting service on Bee2Buy, you grant
Bee2Buy a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy,
transmit, publicly display, publicly perform, create compilations including, and distribute such
web page, and any associated Content, for the limited purposes of publishing and promoting the
user's web page in connection with the particular service with which the user has chosen to have the
web page hosted and for publishing and promoting such web page elsewhere within Bee2Buy. Such
license shall apply with respect to any form, media, or technology now known or later developed.
The term of the license will extend only for the duration of the user's membership with the particular
Bee2Buy service. You acknowledge and agree that Bee2Buy runs advertisements on the web pages of its
users and grant Bee2Buy the right to do so. These advertisements may include, without limitation,
"banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such
advertising is subject to change.
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9.
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DISCLAIMER
Information on this web site may contain inaccuracies or typographical errors. Information may
be changed or updated without notice. Bee2Buy makes no representations whatsoever about other
web sites which you may access through this one. When you access a non-Bee2Buy web site, please
understand that it is independent from Bee2Buy, and that Bee2Buy has no control over the content
on that web site. In addition, a link to a non-Bee2Buy web site does not mean that Bee2Buy endorses
or accepts any responsibility for the content, use, or products and services made available through
such web site. IN NO EVENT WILL BEE2BUY BE liABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL
OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERliNKED WEB SITE,
INCLUDING, WITHOUT liMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER
DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBIliTY OF SUCH DAMAGES. INFORMATION
ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPliED,
INCLUDING, BUT NOT liMITED TO, THE IMPliED WARRANTIES OF MERCHANTABIliTY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPliED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE BEE2BUY WEBSITE SHALL
BE AT YOUR SolE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEE2BUY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPliED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. BEE2BUY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES liNKED TO THIS SITE AND ASSUMES
NO liABIliTY OR RESPONSIBIliTY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF trANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, trOJAN HORSES, OR THE
liKE WHICH MAY BE trANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, EMAILED, trANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEE2BUY WEBSITE.
BEE2BUY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBIliTY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BEE2BUY WEBSITE OR ANY HYPERliNKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEE2BUY WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY trANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE
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LIMITATION OF liABIliTY
IN NO EVENT SHALL BEE2BUY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE liABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF trANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, trOJAN HORSES, OR THE liKE, WHICH MAY BE trANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, trANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE BEE2BUY WEBSITE, WHETHER BASED ON WARRANTY, CONtrACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBIliTY OF SUCH DAMAGES. THE FOREGOING
liMITATION OF liABIliTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPliCABLE
JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BEE2BUY SHALL NOT BE liABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Bee2Buy
from its facilities in the United States of America. Bee2Buy makes no representations that the
Bee2Buy Website is appropriate or available for use in other locations. Those who access or use
the Bee2Buy Website from other jurisdictions do so at their own volition and are responsible for
compliance with local law.
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INDEMNITY
You agree to defend, indemnify and hold harmless Bee2Buy, its parent corporation, officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use
of and access to the Bee2Buy Website; (ii) your violation of any term of these Terms of Service; (iii)
your violation of any third party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service and your use of the Bee2Buy Website.
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LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bee2buy has no control over such sites and resources, you acknowledge and agree that Bee2buy 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 Digg 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.
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ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these Terms of Service, and
to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age
of 13, as the Bee2Buy Website is not intended for children under 13. If you are under 13 years of age,
then please do not use the Bee2Buy Website, there are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
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ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by Bee2Buy without restriction.
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15.
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GENERAL
You agree that: (i) the Bee2Buy Website shall be deemed solely based in California; and (ii) the
Bee2Buy Website shall be deemed a passive website that does not give rise to personal jurisdiction
over Bee2Buy, either specific or general, in jurisdictions other than California. These Terms of
Service shall be governed by the internal substantive laws of the State of California, without respect
to its conflict of laws principles. Any claim or dispute between you and Bee2Buy that arises in whole
or in part from the Bee2Buy Website shall be decided exclusively by a court of competent jurisdiction
located in Orange County, California. These Terms of Service, together with the Privacy Notice at
http://www.bee2buy.com/privacy.aspx and any other legal notices published by Bee2Buy on the Website,
shall constitute the entire agreement between you and Bee2Buy concerning the Bee2Buy Website. If any provision
of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full
force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and Bee2Buy's failure to assert any right or provision under these Terms
of Service shall not constitute a waiver of such right or provision. Bee2Buy reserves the right to amend these
Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service
for any changes. Your use of the Bee2Buy Website following any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU AND BEE2BUY AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE BEE2BUY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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PREMIUM SERVICES
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Access to the Site and certain of its features are provided to all Users free of charge. However,
Bee2Buy reserves the right, without prior notice, to restrict access to certain areas or features of the
Site ("Premium Services") to paying Users or Users who undergo a specific registration process.
Access to and use of these Premium Services are governed by additional terms and conditions under
separate agreements in addition to this Agreement.
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Bee2Buy reserves the right to deny Premium Services to any User for whatever reason in order to protect
Bee2Buy's interests.
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