These Terms of Service constitute a legally binding agreement between Benebomo ("Company", “we”, “us”, or “our”) and you, whether personally or on behalf of an entity (“you”), regarding your access to and use of the https://www.Benebomo.com/ website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with any or all of these Terms of Service, you are expressly prohibited from using the Site, and you must immediately discontinue use.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to modify or change these Terms of Service at any time and for any reason. We will notify you of any changes or modifications by updating the “Last updated” date of these Terms of Service. By continuing to use the Site after such modifications, you waive any right to receive specific notice of each such change and agree to be bound by the revised Terms of Service. It is your responsibility to periodically review these Terms of Service to stay informed of any updates.
The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation or would subject us to any registration requirement within such jurisdiction or country. Therefore, individuals who choose to access the Site from other locations do so at their own discretion and are solely responsible for complying with any applicable local laws.
The Site is designed for users who are 18 years of age or older. Individuals under the age of 18 are not allowed to use or register for the Site.
Intellectual Property Rights
Subject to your eligibility to use the Site, you are granted a limited license to access and use the Site, and to download or print a copy of any portion of the Content that you have obtained access to, solely for your personal and non-commercial use. All rights not expressly granted to you with respect to the Site, the Content, and the Marks are reserved by us.
Access and use of the Website
By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, including bots, scripts, or any other means; (4) you will not use the Site for any unlawful or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
The Site may only be accessed and used for the purposes for which it is made available. The Site may not be used for any commercial endeavors unless we have explicitly endorsed or approved such use.
As a user of the Site, you agree not to engage in the following activities:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") that you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. By providing Submissions, you hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including, without limitation, reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof, in our sole discretion and without limitation; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, in our sole discretion and without notice or liability; and (5) manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
Term And Termination
These Terms of Service shall remain in full force and effect while you use the Site. We reserve the right, without limiting any other provision of these Terms of Service, to deny access to and use of the Site and the Marketplace Offerings, including blocking certain IP addresses, to any person for any reason or for no reason, in our sole discretion and without notice or liability. This includes denial of access for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the Site and the Marketplace Offerings, or delete your account and any content or information that you posted at any time and without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are strictly prohibited from registering and creating a new account under your own name, a fake or borrowed name, or the name of any third party. This includes instances where you may be acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress, to prevent you from creating a new account or accessing the Site and the Marketplace Offerings.
Modifications And Interruptions
We reserve the right, at our sole discretion, to change, modify, or remove the contents of the Site at any time or for any reason, without notice. While we may periodically update information on the Site, we have no obligation to do so. Additionally, we reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee that the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Service will obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
The Site and its services are provided to you on an as-is and as-available basis. Your use of the Site and its services will be solely at your own risk. We disclaim all warranties, whether express or implied, in connection with the Site and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy or completeness of the Site's content or the content of any websites linked to the Site, and we assume no liability or responsibility for any errors, mistakes, or inaccuracies of content or materials, personal injury or property damage resulting from your use of the Site, unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, any interruption or cessation of transmission to or from the Site, or any bugs, viruses, Trojan horses, or other harmful components transmitted through the Site by any third party. We will not be responsible for any errors or omissions in any content and materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not endorse, warrant, guarantee, or assume any responsibility for any product or service advertised or offered by third parties through the Site or any hyperlinked website or featured in any banner or other advertising, nor will we be a party to or responsible for monitoring any transaction between you and third-party providers of products or services. You should exercise caution and use your best judgment when purchasing a product or service through any medium or in any environment.
Limitations of Liability
IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN 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 agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) Your Contributions;
(2) Use of the Site or the Marketplace Offerings;
(3) Breach of these Terms of Service;
(4) Any breach of your representations and warranties set forth in these Terms of Service;
(5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) Any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site or the Marketplace Offerings.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
By accessing the Site, sending emails, or completing online forms, you are engaging in electronic communications. You hereby acknowledge and agree to receive electronic communications, and you acknowledge that any such communication satisfies any legal requirement that such communication is in writing. You also explicitly consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. By agreeing to these terms, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that may require an original signature or the delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.
These Terms of Service, as well as any policies or operating rules posted on the Site, constitute the entire agreement between you and us, and govern your use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service are enforceable to the fullest extent permitted by law. We may assign our rights and obligations to others at any time, and we shall not be liable for any loss, damage, delay, or failure to act caused by any circumstances beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision or part shall be considered separate and distinct from the remainder of the Terms of Service, which shall remain valid and enforceable. These Terms of Service do not create a joint venture, partnership, employment, or agency relationship between you and us. You acknowledge and agree that these Terms of Service will not be construed against us solely by virtue of our having drafted them.
You also waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties to execute these Terms of Service.