DEFINITIONS
"You" refers to the user of this website and its related services,
and as such you have gained the right to use this website by respecting the
applicable Terms of Use described in detail below.
“BeMyWoo” is the exclusive owner and operator of BeMyWoo.com (the
website).
"we" and "us" means BeMyWoo or any successor or assign of
BeMyWoo, as used in this Agreement.
“Service(s)” refers to your use of BeMyWoo.com for any purpose
whatsoever.
OVERVIEW
This Terms of Use Agreement (the "Agreement") sets forth the terms and
conditions which apply to your use of the BeMyWoo.com website and all
services offered by BeMyWoo. By completing the subscription process you are
indicating that you agree to be bound by all of the terms in this Agreement.
Please print and keep a copy of this Agreement for your records.
We reserve the right, at any time, to change or modify the terms and
conditions applicable to your subscription. Such changes will become
effective upon notification, which we may effect by sending you notice by
email and posting a revised Agreement on this website, which you can access
at any time using the "Terms" link. Your continued use of our service after
notification of such a change has been sent shall be deemed to constitute
acceptance by you of any such changes, modifications, additions or
deletions. You agree to review this Agreement periodically to be aware of
any such revisions.
ELIGIBILITY
You must be 18 years of age or older to visit or use this website in any
manner. By visiting BeMyWoo.com or accepting these Terms of Use, you
represent and warrant to BeMyWoo that you are 18 years of age or older, and
that you have the right, authority and capacity to agree to and abide by
these Terms of Use. You also represent and warrant to BeMyWoo that you will
use this website in a manner consistent with any and all applicable laws and
regulations.
PRIVACY OF INFORMATION
The Personal Information Protection Act (“the Act”) regulates the way
private sector organizations within United States of America, collect, use,
keep, secure and disclose personal information. “Personal Information” means
all information about an identifiable individual. BeMyWoo recognizes the
importance of privacy and recognizes the sensitivity of personal information
received by us in the course of offering our service.
We recognize our professional obligation to maintain the confidentiality of
our clients’ information, and recognize our obligations concerning the
personal information of all individuals that we collect, use or disclose in
our practice. This policy has been developed with those obligations in mind.
BeMyWoo collects some personal information, such as your name and email
address, from you to provide the requested service. BeMyWoo will not sell,
share, or rent your personal information in ways different from what is
disclosed here.
BeMyWoo may also use third-party companies to provide various services when
you visit this website. BeMyWoo is not responsible for the privacy practices
of external websites linked to this site. We encourage you to read the
privacy statements of these other websites when you leave our website.
If we change our privacy policy, we will notify you.
If you have any questions with respect to our policies concerning the
handling of your personal information, or if you wish to request access to,
or correction of, your personal information under our care and control,
please contact our Privacy Officer at: admin *at* BeMyWoo.com
By issuing this website you acknowledge that
(a) we cannot ensure the security or privacy of information you
provide through the Internet and your email messages, and you release us
from any and all liability in connection with the use of such information by
other parties;
(b) we are not responsible for, and cannot control, the use by others
of any information which you provide to them and you should use caution in
selecting the personal information you provide to others through the
Service;
(c) we cannot assume any responsibility for the content of messages
sent by other users of the Service, and you release us from any and all
liability in connection with the contents of any communications you may
receive from other users. We cannot guarantee, and assume no responsibility
for verifying, the accuracy of the information provided by other users of
the Service.
You may not use the Service for any unlawful purpose. If you use this
service unlawfully we will pass along all information to law enforcement. We
may refuse to grant you an ID or nickname that impersonates someone else, is
protected by trade-mark or proprietary law, or is vulgar or otherwise
offensive, as determined by us in our sole discretion.
We do not share any personal information with third parties, and we do not
send advertising to our members.
DISCLOSURE OF INFORMATION WITHOUT CONSENT
By using this Service, you agree and consent that BeMyWoo may at its sole
discretion and without your further consent and without notifying you
(whether before or after disclosure) disclose your personal information to
any person, at any time and for any purpose, including, without limiting the
generality of the foregoing, in any one or more of the following instances:
the disclosure is clearly in your interests and consent cannot be obtained
in a timely way,
the disclosure is necessary for your medical treatment and you do not have
the legal capacity to give consent,
it is reasonable to expect that the disclosure with your consent would
compromise an investigation or proceeding and the disclosure is reasonable
for purposes related to an investigation or a proceeding,
the personal information is disclosed in accordance with a provision of a
treaty that
(i) authorizes or requires its disclosure, and
(ii) is made under an enactment of United States of America,
the disclosure is for the purpose of complying with a subpoena, warrant or
order issued or made by a court, person or body with jurisdiction to compel
the production of personal information,
the disclosure is to a public body or a law enforcement agency located in
United States of America or anywhere else in the world, and concerns an
offence under the laws of United States of America or any other jurisdiction
where disclosure would assist in an investigation, or in the making of a
decision to undertake an investigation,
(i) to determine whether the offence has taken place, or
(ii) to prepare for the laying of a charge or the prosecution of the
offence,
there are reasonable grounds to believe that compelling circumstances exist
that affect the health or safety of any individual,
the disclosure is for the purpose of contacting next of kin or a friend of
an injured, ill or deceased individual,
the disclosure is to a lawyer who is representing BeMyWoo, or
the disclosure is required or authorized by law.
USER AGREEMENT
This Agreement constitutes your agreement with BeMyWoo with respect to your
use of the Service. You must agree to abide by all of the terms and
conditions contained in this Agreement in order to become or remain an
authorized user of the Service.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and
restrictions established by us from time to time, in our sole discretion. We
may alter, suspend or discontinue any aspect of the Service at any time,
including the availability of any Service feature, database or content. We
may also impose limits on certain features and aspects of the Service or
restrict your access to parts or all of the Service without notice or
liability.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of
Conduct:
a. you will keep all information provided to you through the Service
as private and confidential and will not give such information to anyone
without the permission of the person who provided it to you;
b. you will not use the Service to engage in any form of harassment
or offensive behavior, including but not limited to the posting of
communications, pictures or recordings which contain libelous, slanderous,
abusive or defamatory statements, or racist, pornographic, obscene, or
offensive language;
c. you will not forward chain letters through the Service;
d. you will not use the Service to infringe the privacy rights,
property rights, or any other rights of any person;
e. you will not post messages, pictures or recordings or use the
Service in any way which
i. violates, plagiarizes or infringes upon the rights of any third
party, including but not limited to any copyright or trade-mark law, privacy
or other personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful or violates any law; and
f. you will not use the Service to distribute, promote or otherwise
publish any material containing any solicitation for funds, advertising or
solicitation for goods or services.
g. you will not use the Service to distribute or up load any virus,
Trojan horses or do anything else that might cause harm to the Service,
BeMyWoo systems or to other members' systems in any way.
h. you will not post or transmit in any manner any contact
information including, but not limited to, email addresses, "instant
messenger" nicknames, telephone numbers, postal addresses, URLs, or full
names through your publicly posted information.
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings and
messages to ensure that they conform to content guidelines that are
monitored by us and subject to change from time to time.
REMOVAL OF INFORMATION
While we do not and cannot review every message or other material posted or
sent by users of the Service, and are not responsible for any content of
these messages or materials, we reserve the right, but are not obligated, to
delete, move, or edit messages or materials, including without limitation
profiles, public postings and messages, that we, in our sole discretion,
deem to violate the Code of Conduct set out above or any other applicable
content guidelines, or to be otherwise unacceptable. You shall remain solely
responsible for the content of profiles, public postings, messages and other
materials you may upload to the Service or users of the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or
part of the Service at any time, with or without notice, for any reason,
including, without limitation, breach of this Agreement. Without limiting
the generality of the foregoing, any fraudulent, abusive, or otherwise
illegal activity, or that may otherwise affect the enjoyment of the Service
or the Internet by others may be grounds for termination of your access to
all or part of the Service at our sole discretion, and you may be referred
to appropriate law enforcement agencies.
PROPRIETARY INFORMATION
The Service contains information which is proprietary to us, our partners,
and our users. We assert full copyright protection in the Service.
Information posted by us, our partners or users of the Service may be
protected whether or not it is identified as proprietary to us or to them.
You agree not to modify, copy or distribute any such information in any
manner whatsoever without having first received the express written
permission of the owner of such information.
NO RESPONSIBILITY
You acknowledge that we are not responsible for suspension of the Service,
regardless of the cause of the interruption or suspension.
SECURITY
Your account is private and should not be used by anyone other than you. You
are responsible for all usage or activity on the Service by users using your
password, including but not limited to use of your password by any
third-party.
EXTERNAL LINKS
The Service may from time to time contain links to other Internet sites and
resources ("External Links"). You acknowledge that we are not responsible
for, and have no liability as a result of the availability of External Links
or their contents. We suggest that you review the terms of use and privacy
statements of such External Links prior to using them.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content
distributed by BeMyWoo constitutes copyright infringement, please provide us
with the following information: an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on
our website; your address, telephone number and email address; a written
statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; a statement by
you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE BEMYWOO.COM AND ITS RELATED SERVICES
AT YOUR OWN RISK. BEMYWOO’S SERVICES ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER
LAW.
BEMYWOO PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND
OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND
COMMENTARIES TO SUBSCRIBERS THROUGH THE BEMYWOO.COM WEBSITE AND OTHER MEANS
OF DISTRIBUTION. BEMYWOO DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR
TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON
BEMYWOO.COM. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY
BEMYWOO IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH
CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO
NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE,
ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR
DISTRIBUTED THROUGH THE SERVICE BY BEMYWOO, OUR PARTNERS OR ANY USER OF THE
SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE
UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION
SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR
FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL
CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT
MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BEMYWOO,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS
OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER
CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT
DISTRIBUTED BY BEMYWOO AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR
INABILITY TO USE THE BEMYWOO SERVICE OR OUT OF THE BREACH OF ANY WARRANTY,
OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO
AND/OR ALTERATION OF THE BEMYWOO.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS
ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE
OF ACTION, AND REGARDLESS OF WHETHER BeMyWoo HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY,
IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE
SUM OF $100.00 U.S. DOLLARS.
INDEMNITY
You hereby agree to indemnify, defend and hold harmless BeMyWoo and all
officers, directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") from and
against any and all liability and costs, including, without limitation,
reasonable attorneys' fees, incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of this Agreement
or the foregoing representations, warranties and covenants. You shall
cooperate as fully as reasonably required in the defense of any such claim.
BeMyWoo reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by you.
MISCELLANEOUS
This Agreement represents the entire
agreement between you and BeMyWoo regarding the use of our services and
supersedes any other agreement or understanding on the subject matter. This
Agreement, your rights and obligations, and all actions contemplated by this
Agreement shall be governed by the laws of the Province of British Columbia,
Canada. As a condition of using BeMyWoo.com’s services, each user agrees
that any and all disputes and causes of action arising out of or connected
with BeMyWoo.com, shall be resolved through arbitration, with such
arbitration to be held in New York, New York, US.
Additionally, except where prohibited by law, as a condition of using
BeMyWoo.com services, you agree that any and all disputes and causes of
action arising out of or connected to our services shall be resolved
individually, without resort to any form of class action. You also agree
that regardless of any statute or law to the contrary, any claim or cause of
action arising from or related to the use of BeMyWoo.com must be filed
within one (1) year after such claim or cause of action arose or be forever
barred. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights
hereunder.
If any provision of this Agreement is found to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and
effect and be enforceable. This Agreement is not assignable, transferable or
sublicensable without the prior written consent of BeMyWoo. BeMyWoo may
assign this Agreement in whole or in part. No agency, partnership, joint
venture, or employment is created as a result of this Agreement. Headings
are for convenience only and have no legal or contractual effect. All
notices under this Agreement shall be in writing and shall be deemed to have
been duly given when receipt is electronically confirmed, if transmitted by
facsimile or email or upon receipt, if sent by certified or registered mail,
return receipt requested.
MODIFICATIONS
We may modify this Agreement from time to time. Notification of changes in
this Agreement will be posted on the Service or sent via electronic mail, as
we may determine in our sole discretion. If you do not agree to any
modifications, you should terminate your use of the Service. Your continued
use of the Service now, or following the posting of notice of any changes in
this Agreement, will constitute a binding acceptance by you of this
Agreement, or any subsequent modifications.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of
informing you of changes or additions to the Service, or of any BeMyWoo
related products and services. We reserve the right to disclose information
about your usage of the Service and demographics in forms that do not reveal
your personal identity.
© BeMyWoo.com
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