This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Lazy/Spanky (named after peers with little patience for full-length Terms of Service agreements) version is a summary of the Terms of Service, but does not describe or eliminate the necessity of reading the entire TERMS OF SERVICE. Please note that Section 16 contains certain changes to the general terms for users outside the United States.

Date of Last Revision: February 29, 2016

TERMS OF SERVICE

beendid.com and all linked pages on this “site” are owned and operated by US Limited Liability Corporation, 3B Enterprises, LLC. Access to this site requires review and agreement of the following TERMS OF SERVICE (“terms”) described below.

Lazy/Spanky Version:

If you check the box that you read everything on this page, then you agree to everything on this page.

Please read these terms carefully before creating an account, and using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which governs our relationship with you in relation to this site. If you disagree with any part of the terms then you may not access the site.

Privacy

Your privacy is very important to us. We designed this site to require minimal personal data to create an account. Any decisions you make to share personal information or accomplishments are yours alone and may involve risk. We urge you to use caution when sharing information, photos or other intellectual property (like photos and videos). You will have the exclusive right to accept and request invitations to link with other users. The personal settings you apply to your account will govern who can view and see your activity.

Lazy/Spanky Version:

Don’t make the mistake of posting credit card or personal information on this site. It would be a bad idea. You choose who can view your activity, but there are still things you shouldn’t share.

Sharing Your Content and Information

You own all of the content and information you post on Beendid, and you can control how it is shared through your privacy settings. In addition:

  • For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Beendid (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Beendid, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  • We always appreciate your feedback or other suggestions about Beendid, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

We do our best to keep Beendid safe, but we cannot guarantee it. We need your help to keep Beendid safe, which includes the following commitments by you:

  • You will not post unauthorized commercial communications (such as spam) on Beendid.
  • You will not collect users' content or information, or otherwise access Beendid, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Beendid.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing alcoholrelated, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  • You will not use Beendid to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of Beendid such as a denial of service attack or interference with page rendering or other Beendid functionality.
  • You will not facilitate or encourage any violations of this Statement or our policies.

Registration and Account Security

Beendid users are required to provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on Beendid, or create an account for anyone other than yourself without permission of that person.
  • You will not create more than one personal account.
  • If we disable your account, you will not create another one without our permission.
  • You will not use Beendid if you are a convicted sex offender.
  • You will keep a current and active email address on file.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone.
  • If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  • You will not post content or take any action on Beendid that infringes or violates someone else's rights or otherwise violates the law.
  • We can remove any content or information you post on Beendid if we believe that it violates this Statement or our policies.
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not Beendid) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone's identification documents or sensitive financial information on Beendid.
  • You will not tag users or send email invitations to non-users without their consent.

Mobile and Other Devices

  • We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
  • In the event you change or deactivate your mobile telephone number, you will update your account information on Beendid within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  • You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Beendid.

Amendments

We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.

If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice by email or announcement.

Your continued use of the Beendid Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Beendid to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Beendid exclusively in the U.S. District Court for the Central District of Indiana or a state court located in Hamilton County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Indiana will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on Beendid, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Beendid and are not responsible for the content or information users transmit or share on Beendid. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Beendid. We are not responsible for the conduct, whether online or offline, of any user of Beendid.

WE TRY TO KEEP BEENDID UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BEENDID AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE DO NOT GUARANTEE THAT BEENDID WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT BEENDID WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BEENDID IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BEENDID, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BEENDID WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEENDID'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Beendid outside the United States:

  • You consent to having your personal data transferred to and processed in the United States.
  • If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Beendid (such as advertising or payments) or operate a Platform application or website. You will not use Beendid if you are prohibited from receiving products, services, or software originating from the United States.

Definitions

  • By "Beendid" or “Beendid Services” we mean the features and services we make available, including through (a) our website at www.beendid.com and any other Beendid branded or co-branded websites (including subdomains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Quests, Maps, Coalitions, and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Beendid reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
  • By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Beendid or provide data to us.
  • By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Beendid.
  • By "content" we mean anything you or other users post, provide or share using Beendid Services.
  • By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Beendid or provide to Beendid through Platform.
  • By "post" we mean post on Beendid or otherwise make available by using Beendid.
  • By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  • By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  • Beendid when used in this document refers to 3B Enterprises, LLC. All legal liabilities and content owned by 3B Enterprises, LLC are protected and interchangeable throughout these Terms of Services.

Other

If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and 3B Enterprises, LLC. Otherwise, this Statement is an agreement between you and Beendid. References to “us,” “we,” and “our” mean either Beendid or 3B Enterprises, LLC, as appropriate.

This Statement makes up the entire agreement between the parties regarding Beendid, and supersedes any prior agreements.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.

We reserve all rights not expressly granted to you.

You will comply with all applicable laws when using or accessing Beendid.