× BeAlive | #GoBeAlive
BeAlive | #GoBeAlive

 

1. WELCOME

Welcome to BeAlive!  We here at BeAlive, Inc. (the “Company,” “we,” “us,” or “our,” including its subsidiaries and affiliates) are so happy you are engaging with the websites, products and offerings we provide, including our mobile apps and social channels (the “Services”).  Please read these terms of use (the “Terms”) carefully that explain the rules of using the Services. YOU AGREE THAT BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO AND ACCEPT THESE TERMS, WHICH INCLUDE A PROVISION FOR SETTLING DISPUTES BETWEEN US THROUGH ARBITRATION INSTEAD OF IN COURT.  IF YOU DON’T AGREE WITH ANY OF THE TERMS, DO NOT ACCESS OF OTHERWISE USE ANY OF OUR SERVICES.  

 

1.1. Access to the Services

The Services are owned and operated by the Company. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.  You are responsible for any mobile charges that you may incur for using our Services, including streaming video. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

 

1.2. Eligibility

You must be 18 or older to use our Services, or the age of majority in your jurisdiction. Minors are only permitted to use our Services with their parent or legal guardian’s permission and under their direct supervision.

 

1.3.  Modifications

We may modify these Terms from time to time. If you object to any changes, you may discontinue use of the Services. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms.

 

2. SERVICES AND CONTENT

 

2.1. BeAlive Content

Except for your Submissions (defined below), any other videos, text, content, graphics, images, illustrations, user interfaces, trademarks, logos, sounds, artwork, algorithms, technology and other intellectual property appearing on or utilized within the Services (“Content”) are owned, controlled or licensed by us, and are protected by copyright, trademark and other intellectual property law rights. We provide the Content for entertainment, informational and/or promotional purposes only.  Except for the limited license granted below, all right, title and interest in and to the Content are expressly reserved. Using the Services does not give you any ownership interest in any Content.

 

BeAlive grants to you a limited, revocable, non-exclusive, non-transferable license to access the Services and Content from your personal device, and utilize the Services in accordance with these Terms for your personal purpose only.  You may not use the Services for any commercial purpose, or assign or sublicense the aforementioned license to any third party. You will abide by all copyright notices, trademark rules, information, and restrictions contained therein, and will not use, copy, reproduce, link to, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any of the foregoing for any purposes whatsoever: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

 

EXTREME SPORTS WARNING: The Content may feature stunts, risks, hazards and dangers performed by professionals or under the supervision of professionals in hazardous locations. You should not attempt to re-create or re-enact any stunt, sport, recreation or activity performed in any such Content unless you are a skilled professional or under the direct supervision of a skilled professional.

 

2.3.  User Submissions

You are solely responsible for all information, materials and content you contribute or make available to the Services, including without limitation your photos, videos, text, data, or other submissions (“Submissions”).  By granting access, submitting and/or posting Submissions to the Services, you automatically grant to BeAlive and its affiliates, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, exploit, modify, reproduce, distribute, publicly perform, public display and create derivative works of such Submissions, and to grant and authorize sublicenses of the foregoing, in connection with the operation, performance, monetization and marketing of the Services and BeAlive’s business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channel.  The rights granted in this Section include, but are not limited to, the right to use your name, image, voice, likeness, and any photographs or artwork made available by or on your behalf through the Services in connection with advertising, marketing, or promoting you, your User Submissions, Company, or the Services. You further grant all BeAlive users a license to access your Submissions through the Services, and to view, use, modify, reproduce, distribute, prepare derivate works of, display and perform such Submissions as permitted through the functionality of the Services under these Terms. If you make suggestions or provide any feedback to BeAlive, for example, ways on improving the Services or adding new features, we will have the right to use your suggestions and feedback without any compensation to you.  We reserve the right (but do not have the obligation) to remove or edit Submissions, but do not review all Submissions. You represent and warrant that you own or otherwise control all of the rights to any Submissions; that the Submissions are accurate; that use of the Submissions do not violate these Terms, and will not cause injury to any person or entity. If you are not the owner of, or are not fully authorized to grant all necessary rights in, all of the elements of the Submissions you intend to upload or transmit to or through the Services, then you must not upload the Submissions to or through the Services. We may not store or continue to display any Submissions that you have posted.

 

You acknowledge and agree that BeAlive has wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by BeAlives’s own employees and agents. Many ideas or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of BeAlive’s use of any such similar or identical material. Finally, you acknowledge and agree that, with respect to any claim you may have relating to or arising out of BeAlive’s actual or alleged exploitation or use of any Submissions, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

 

2.4.  Digital Millennium Copyright Act.  

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please send the following information to BeAlive at copyright@gobealive.com: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim is being infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the Services; (iv) information reasonably sufficient to permit BeAlive to contact you, such as your address, telephone number, and e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

3. RULES & RESTRICTIONS

We want everyone to have a fun and respectful time while using the Services, so you must abide by the rules and restrictions below.  Your license to use the Services that BeAlive granted in the Section above is subject to your compliance with these rules and restrictions.  If you do not comply with these rules and restrictions, the license that BeAlive granted to you in the Section above will immediately become void, and BeAlive may also immediately suspend or terminate your use of the Services.

 

3.1. Restrictions Regarding BeAlive Content & Services.  

With respect to the BeAlive Content and Services, the following is prohibited:

  • the resale or commercial use of the Services, or its Content;
  • any collection and use of any user profiles, listings, descriptions, or other data;
  • any derivative use of any of the Services or its Content;
  • any use, modification, post, or transmittal of the Content, or accessing the Services, except as permitted by the functionality of the Services, or for unlawful purposes, including infringing any third party rights;
  • any downloading or copying of account information for the benefit of a third party;
  • the copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, storing, or transmitting any of the Services or its Content, in any form or by any means;
  • circumventing any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
  • framing or utilizing framing techniques to enclose any of the Services, or its Content;
  • the use of any meta tags or any other “hidden text” utilizing our or our licensees’ names or trademarks;
  • any use of data mining, robots, or similar data gathering and extraction tools;
  • decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software in our Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software;
  • using or developing any third-party applications that interact with the Services or Content or information without our written consent.

 

3.2.  Restrictions Regarding Your Conduct & Submissions.  

With respect to your conduct while using the Services, you will not, and will not attempt to:

  • utilize the Services in a way that is, or provide Submissions that are, illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
  • provide Submissions that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”;
  • use a false e-mail address, impersonate any person or entity, or otherwise mislead any BeAlive user;
  • use the Services without our express written consent, if we previously disabled your use;
  • solicit, or attempt to solicit, personal information from other users;
  • disclose personal information about a third person on the Services or obtained from the Services without the consent of such person;
  • violate any applicable federal, state or local laws or regulations or these Terms; and
  • assist or permit any persons in engaging in any of the activities described above.

 

 

4. GENERAL

4.1. Termination.

These Terms shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. BeAlive may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use or your Submissions.  We may also terminate or suspend any and all Services and your access to such Services immediately, without prior notice or liability, if you breach any of these Terms. Upon termination, your right to use and access the Services, and any Content will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, those relating to ownership provisions, warranty disclaimers, and limitations of liability.

 

4.2. Third Party Services

The Services may be provided through third party platforms, or interact with, or include third party applications, websites, widgets, social feeds, software, products and other services, all of which we refer to as “Third Party Services.” Third Party Services can refer to anything from advertisements and promotional offers from third parties to third party links, video players, or applications included in the Services. These Third Party Services may contain information or material that you may find inappropriate or offensive. You understand and agree that we are not responsible or liable for the behavior, availability, features or content of any Third Party Service.  These Third Party Services are not owned or controlled by us – they are owned by third parties unrelated to us. The inclusion of such Third Party Services does not imply endorsement by us or any association with our operators. We cannot ensure that you will be satisfied with any products or services that you purchase from any Third Party Services. Your use of these Third Party Services is at your own risk and subject to the separate terms of use of these Third Party Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any interactions or online transactions with any the Third Party Services. You agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Services platform (e.g., Facebook’s Terms of Use, YouTube’s Terms of Service, iTunes Store Terms of Use).  

 

4.3. Privacy Policy

For information regarding BeAlives’s treatment of your data and information, please review our current Privacy Policy, which is hereby incorporated by reference; your acceptance of these Terms constitutes your acceptance and agreement to be bound by our Privacy Policy.

 

4.4. Disclaimers

You acknowledge and agree that BeAlive has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.  Some of the Content may contain sponsored products in which the persons appearing in the Content have been paid or given consideration for promotion of third party products or services.

 

EXTREME SPORTS WARNING: The Content may feature stunts, risks, hazards and dangers performed by professionals or under the supervision of professionals in hazardous locations. You should not attempt to re-create or re-enact any stunt, sport, recreation or activity performed in any such Content unless you are a skilled professional or under the direct supervision of a skilled professional.

 

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND OTHER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, APP STORE OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE DO NOT WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

4.5. Limitation of Liability

WE AND OUR PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, LICENSORS, VENDORS AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THESE TERMS, USE OF THE SERVICES, OR FROM ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

4.6. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD US, OUR PARENTS, SUBSIDIARIES, OUR MEMBERS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, LICENSORS, VENDORS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF (I) YOUR BREACH OF ANY OF THESE TERMS; AND (II) YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING YOUR SUBMISSIONS.

 

4.7. Governing Law.  By using the Services, you agree that the Federal Arbitration Act of the United States, applicable United States federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. If you reside outside the U.S., and to the extent applicable law does not allow the aforementioned, then the applicable laws of the country in which you reside will govern these Terms, and any disputes will be submitted to the courts of competent jurisdiction of the country in which you reside.

 

4.8. Dispute Resolution.  PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED.

 

To the extent permitted by applicable law, any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act of the United States and U.S. federal arbitration law apply to these Terms.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following: BeAlive, Inc., 1111 Broadway St., Oakland CA, 94607, Attn: CEO & Legal Dept. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

4.9. Assignment; Entire Agreement; Severability

BeAlive may transfer, assign or delegate these Terms and its rights and obligations without your consent.  These Terms supersede all prior agreements, oral or written, and constitute the entire agreement between us relating to the subject matter of these Terms. However, you acknowledge that other aspects of your use of the Services may be subject to separate agreements with us, including, for example, contest and sweepstakes rules.  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

4.10. How To Contact Us.  If you need to get in touch with us, please email us at [wild@gobealive.com] or write to us at BeAlive, Inc., Attn: CMO, 1111 Broadway St., Ste. 4-124, Oakland CA, 94607.