BEARWWW.COM is operated by:
SAS COREXCO
68, rue de Turbigo
75003 PARIS
Registered at the Commercial Court of Paris under the number 451460307
Introduction
Welcome to the mobile application ("Bearwww Software"), the website and any other internet or mobile services or applications owned, managed or offered at present or in the future by Bearwww sarl ("Bearwww", "We", "Our", "Us") (collectively, the "Bearwww Services"). For the sake of clarity, any reference here to "Bearwww Services" also includes the "Bearwww Software". Users who access, download, use, purchase or subscribe to Bearwww Services (collectively or individually "You", "Your", "User" or "Users") must comply with the Terms of Service (this "Agreement").
This Agreement provides the rules for your use of Bearwww Services, it aims to create a safe, authentic and legal community for our users. By using the Bearwww Services, you agree to be bound by the terms of this Agreement, including our Privacy Policy. It is therefore important that you read this Agreement carefully before creating an account. We may also update this Agreement from time to time. Please check for updates regularly. In addition, please note that by using the Bearwww Services, you agree that we use your personal data in accordance with our Privacy Policy.
SECTION 22 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL REQUIRE, SUBJECT TO LIMITED EXCEPTIONS UNDER APPLICABLE LAW, THAT DISPUTES BETWEEN YOU AND US BE SUBJECT TO BINDING AND FINAL ARBITRATION, UNLESS YOU CHOOSE NOT TO PARTICIPATE. IN ADDITION: (1) YOU AND WE WILL ONLY BE AUTHORIZED TO SUBMIT CLAIMS ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A COLLECTIVE OR REPRESENTATIVE PROCEEDING; AND (2) YOU AND WE WAIVE YOUR AND OUR RIGHT TO SEEK REDRESS BEFORE A COURT AND TO BENEFIT FROM A TRIAL WITH JURY. PLEASE REFER TO SECTION 22 FOR MORE INFORMATION ABOUT THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT AND HOW TO WITHDRAW FROM THE ARBITRATION AGREEMENT.
FOR RESIDENTS OF THE EUROPEAN UNION, THE UNITED KINGDOM OR CERTAIN OTHER COUNTRIES OUTSIDE THE UNITED STATES: PLEASE REFER TO THE SPECIAL TERMS FOR INTERNATIONAL USERS ("SPECIAL TERMS"). IF YOU ARE A RESIDENT OF ANY OF THE COUNTRIES MENTIONED IN THE SPECIAL CONDITIONS, YOU MAY HAVE ADDITIONAL RIGHTS OR CERTAIN PARTS OF THIS AGREEMENT, SUCH AS THE ARBITRATION AGREEMENT, MAY NOT APPLY TO YOU.
As explained in Section 10 below, please note that if you subscribe to Premium Services (as defined below), such as Bearwww Xtra or Bearwww Unlimited, your subscription terms will automatically renew at the end of Your subscription period, at Bearwww's then-current fees for these services, unless you cancel your subscription in accordance with Section 10 below and the instructions provided herein.
Notice to subscribers in California and other jurisdictions referred to in Section 25 (in the United States) or the Special Conditions (outside the United States), as applicable: You may cancel your subscription and request a refund at any time before midnight on the third business day following the date of your subscription. If you subscribed with your Apple ID, refunds are handled by Apple, not Bearwww. If you wish to request a refund, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or otherwise directly via Bearwww, please contact customer service by email: contact@sturb.com
We recommend that you save a copy of this Agreement for reference. To receive a copy of this Agreement, please send us an email at the following address: contact@sturb.com, Subject: Terms of Use.
1. AGE RESTRICTIONS AND SECURITY.
1. PROHIBITED TO MINORS. Bearwww Services are intended for legally adult persons ONLY. NO PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS (OR THE AGE OF MAJORITY IN COUNTRIES WHERE THE AGE OF EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) IS AUTHORIZED TO ATTEMPT, DIRECTLY OR INDIRECTLY, TO VIEW, DOWNLOAD, OWN OR OTHERWISE USE THE BEARWWW SERVICES.
2. YOU MUST BE OF LEGAL AGE. BY ACCEPTING THIS AGREEMENT, BY CREATING A USER ACCOUNT (AS DEFINED BELOW) AND BY PROVIDING A DATE OF BIRTH TO VERIFY YOUR AGE, YOU AFFIRM AND WARRANT THAT:
YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OLDER (OR THE AGE OF MAJORITY IN REGIONS WHERE EIGHTEEN (18) YEARS OF AGE IS NOT THE AGE OF MAJORITY);
YOU ARE ABLE TO LEGALLY ASSUME AND PERFORM ALL OBLIGATIONS SET FORTH IN THIS AGREEMENT;
YOU ARE NOT LOCATED IN A COUNTRY SUBJECT TO A US GOVERNMENT EMBARGO OR WHICH HAS BEEN DESIGNATED BY THE US GOVERNMENT AS A COUNTRY "SUPPORTING TERRORISM" AND
YOU ARE NOT ON ANY LIST OF PARTIES PROHIBITED OR SUBJECT TO RESTRICTIONS BY THE US GOVERNMENT.
2. SECURITY; YOUR INTERACTIONS WITH OTHER MEMBERS; NO CRIMINAL BACKGROUND CHECKS AND NO IDENTITY VERIFICATION. PLEASE NOTE THAT BEARWWW DOES NOT MONITOR ANY OF THE STATEMENTS OR ACTIONS OF OUR USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF BEARWWW SERVICES AND YOUR INTERACTIONS WITH OTHER USERS (WHETHER IN THE CONTEXT OF BEARWWW SERVICES OR OUTSIDE THEREOF). BEARWWW MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY OR VERACITY OF USERS.
-
o BEARWWW DOES NOT CURRENTLY CONDUCT CRIMINAL OR OTHER BACKGROUND CHECKS OF OUR USERS. BEARWWW RESERVES THE RIGHT TO PERFORM A CRIMINAL BACKGROUND CHECK OR OTHER CHECKS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE PUBLIC RECORDS AVAILABLE FOR ANY PURPOSE.
o BEARWWW DOES NOT INQUIRE ABOUT THE BACKGROUND OF OUR USERS AND DOES NOT ATTEMPT TO VERIFY THE INFORMATION PROVIDED BY OUR USERS IN THE CONTEXT OF CREATING AN ACCOUNT, INCLUDING THE ACCURACY OF THE DATE OF BIRTH INDICATED TO VERIFY AGE.
o BEARWWW DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS REGARDING THEIR IDENTITY, HEALTH, PHYSICAL CONDITION OR OTHER.
o BEARWWW IS A SEX-POSITIVE PLATFORM. YOU ACKNOWLEDGE THAT YOU MAY RECEIVE ACCESS TO CONTENT (DEFINED IN SECTION 13.1 BELOW) WHICH MAY BE CONSIDERED REPREHENSIBLE IN CERTAIN CONTEXTS.
o BEARWWW MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES REGARDING ANY CONTENT.
o YOU UNDERSTAND THAT BEARWWW IS NOT RESPONSIBLE FOR THE ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE OF BEARWWW SERVICES IN PLACES THAT MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE INFORMED DECISIONS ABOUT USING THE APPLICATION IN YOUR REGION AND ASSESS ALL POTENTIAL HARMFUL CONSEQUENCES.
3. WARNING: IMPORTANT NOTICE OF NON-RESPONSIBILITY FOR LOCATION DATA.
o AS EXPLAINED IN OUR PRIVACY POLICY, EXPERT USERS WHO USE THE BEARWWW APPLICATION IN AN UNAUTHORIZED MANNER, OR ANY OTHER USER CHANGING LOCATION WHILE YOU STAY IN THE SAME PLACE, MAY USE DISTANCE INFORMATION TO DETERMINE YOUR EXACT LOCATION AND THUS DETERMINE YOUR IDENTITY.
o THE BEARWWW SERVICES ARE DESIGNED ONLY AS PERSONAL LOCATION SERVICES FOR INDIVIDUAL USE. THEY SHOULD NOT BE USED OR CONSIDERED AS AN EMERGENCY LOCATION SYSTEM; WHILE DRIVING OR USING A VEHICLE; OR IN DANGEROUS ENVIRONMENTS WHERE INTEGRATED SAFETY PERFORMANCE IS MANDATORY, OR WITH ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THIS APPLICATION OR BEARWWW SERVICES COULD DIRECTLY RESULT IN FATAL OR PERSONAL INJURY, OR PHYSICAL OR MATERIAL DAMAGE. BEARWWW IS NOT SUITABLE OR INTENDED FOR FINDING FAMILY MEMBERS, MANAGING A VEHICLE FLEET, OR ANY OTHER TYPE OF ACTIVITY OR PROFESSIONAL USE. YOU MAY USE OTHER PRODUCTS AVAILABLE ON THE MARKET FOR THESE PURPOSES.
4. INTERNATIONAL USERS.
-
1. Use outside the United States of America. Bearwww Services are controlled and offered by Bearwww from the United States of America, regardless of your place of residence. Subject to Section 22 and any mandatory law that may apply in the country where you reside, any claim arising out of or related to your relationship with Bearwww and this Agreement is governed by and construed in accordance with the laws of the State of California, United States. Bearwww makes no representations that the use of the Bearwww Services is appropriate in other regions or is legal in all jurisdictions. Persons accessing or using the Services from other regions do so at their own risk and must comply with local laws. You agree and acknowledge that you are transferring your data for processing purposes to the United States of America and other jurisdictions around the world that may not offer the same protections as your country of residence. Please see our Privacy Policy for more information about how we collect, use and transfer Your data.
2. Special Conditions. If you reside in certain countries, including those in the European Union and the United Kingdom, you may enjoy other rights or certain parts of this Agreement may not apply to you depending on the law in force in your jurisdiction. Please refer to the Special Terms for International Users for more information.
3. English language. In the event of any discrepancy between this English version of this Agreement and any translated copy of this Agreement, the English version shall prevail.
5. CREATION AND USE OF YOUR ACCOUNT.
1. Creating your account. If you create an account on any of the Bearwww Services (a "User Account") and submit your information, you must ensure that it is accurate and updated promptly as needed. For example, as indicated in Section 1.2, by accepting this Agreement and creating a User Account, you affirm and warrant that you are of legal age and that you have provided your exact date of birth to verify your age.
2. Accounts are reserved for your personal and individual use only. You may not use another person's account at any time. You may not buy, sell, rent or lease access to your User Account or username without our written permission. You will not share or transfer your User Account or credentials.
3. Security of your account. You are solely responsible for maintaining the confidentiality of your password and account. You agree to notify Bearwww immediately if you believe that an unauthorized use or a problematic transaction has taken place, or if there has been another breach of security. Unless you submit a claim to us within 30 days of the charge, you will have waived, to the fullest extent permitted by law, any claim against us arising out of or otherwise related to the transaction.
-
It is your responsibility to take all necessary precautions to ensure that any content you can get from Bearwww is free of viruses or other harmful components. -
Bearwww is not responsible for any damage to your computer hardware, software or any other equipment or technology, including, but not limited to, damage caused by a breach of security or any virus, bug, falsification, fraud, error, omission, interruption, defect, delay in operation or transmission, line or computer network failure or any other technical or other failure.
4. We have no obligation to keep a record of your account. Bearwww has no obligation to keep a record of your account, data or information that you have stored for your convenience by logging into your account or Bearwww Services. Bearwww Services are not intended for data storage. You are solely responsible for backing up your data (e.g., separately recording the contact details of the people you meet using the Bearwww Services).
6. PRIVACY POLICY.
- At Bearwww, we take the privacy and security of user data very seriously. We have a separate policy (the Privacy Policy) regarding Our policies and practices that you should read. For more information about how Bearwww collects, uses and shares your personal data, please refer to Our Privacy Policy. By using the Bearwww Services, you agree that we may use your personal data in accordance with Our Privacy Policy.
7. CHANGES TO SERVICE.
- We reserve the right, at our discretion, to modify, add or discontinue the Bearwww Services or any part thereof, at any time or for any reason, and without obligation to you except as provided in Section 7. However, we reserve the right to make such modifications, additions or deletions without notice, including if it is necessary to comply with the law, protect or enforce legal rights, or to deal with an emergency or prevent it.
o If we make material changes to the Premium Services that: (a) reduce the functionality available to you on this Premium Service and (b) are mandatory (i.e., they do not require you to update the Bearwww Software for it to take effect); you may terminate your account accordingly within ten (10) days of such changes (as provided in Section 10.3) and receive a pro-rated refund for all prepaid amounts, but unused for such Premium Services.
o We reserve the right at any time to charge a fee for access to all or part of the Bearwww Services and to change this pricing at any time, provided that the changes do not affect the fees for Premium Services that you have already paid.
8. OUR PROPERTY AND OUR PROPERTY RIGHTS.
- The Bearwww Services are owned and operated by Bearwww. The Bearwww Services, their content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including web applications for mobile devices, and all other elements of the Bearwww Services (collectively, the "Material") are protected by the laws of the United States of America on copyright, trademark visuals, patents and trademarks, international laws and conventions and all other relevant intellectual property rights and property rights and applicable laws. All Material contained in the Bearwww Services is the property of Bearwww or its subsidiaries or affiliates and / or third party licensors. All trademarks, service marks and trade names displayed on the Bearwww Services are the property of Bearwww or its affiliates or third party licensors. Except to the extent expressly permitted by Bearwww under this Agreement, you agree not to sell, sublicense, distribute, copy, modify, perform or publicly display, transmit, publish, adapt, create derivative works or use the Material. Bearwww services and products are protected by several patents, including: US Patents No. 8606297, 9749429, 10257292, 10447791, 10708367, and 11102310, as well as US Patent Application No. 17/393809 (patent pending). The above list of patents may not be exhaustive.
9. GUIDELINES CONCERNING YOUR USE; RULES OF USE; PROHIBITED USES.
1. THE BEARWWW COMMUNITY GUIDELINES, located at https://support.bearwww.com/en_US/standards-de-la-communaut%C3%A9 (the "Guidelines"), as amended from time to time, are incorporated by reference into this Agreement. Please read the Guidelines carefully before using the Bearwww Services. The Guidelines apply to your content and activity on Bearwww services, as well as interactions you may have with other users outside of Bearwww Services.
2. WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. Bearwww may require you to delete, or Bearwww may delete, any User Content (as defined below) at any time or for any reason whatsoever. Any violation of the Guidelines or this Agreement by your User Content, as determined by Bearwww, may result in the cancellation of your User Account and the prohibition of your access to Bearwww Services.
3. YOU HEREBY UNDERSTAND AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS RELATING TO PROHIBITED BEHAVIOR AND USES:
1. You will NOT use the Bearwww Services if you are not a legal adult; you will NOT communicate with another user whom you know or think is not a legal adult; and you will immediately report any profile or content that you think comes from minors or represents minors on the Bearwww Services, and you can report a user directly in the Bearwww Services or by email to contact@sturb.com ;
2. You will NOT engage in conduct that violates the guidelines or any other policy applicable to the Bearwww Services;
3. You will NOT use the Bearwww Services or any information displayed in the Bearwww Services to "track", harass, abuse, defame, threaten, extort or defraud other users;
4. You will NOT violate the privacy or other rights of users, nor will you collect, attempt to collect, store or disclose the location or personal information of other users without authorization;
5. You will NOT include any obscene, offensive, pornographic or violent documents, or documents that may undermine human dignity (including, for example, comments that may be considered discriminatory with respect to color, ethnic origin, national origin, disability, sexual orientation, gender expression, gender identity or the physical appearance of a person) on your personal profile page of the Bearwww Services;
6. You will NOT use the Bearwww Services for commercial or non-private use, such as selling or advertising goods or services, conducting surveys through the Bearwww Services, soliciting services or providing links to other websites or premium rate lines; and you will use the Bearwww Services for personal and non-commercial purposes, in the manner and for the purposes we have chosen;
7. You will NOT use the Bearwww Services; any Content generated by the system or any User Content submitted by other users (see definitions in Section 13 below); or any other data, output or information received or derived from the Bearwww Services, to create, develop, customize, train, test or improve directly or indirectly any AI Technology. "AI Technology" means any machine learning algorithm or other artificial intelligence algorithm, model, model weight, parameters and hyperparameters, software, tool, system or technology, including, without limitation, all software and systems that use or employ deep learning or other neural networks, statistical learning algorithms or reinforcement learning.
8. You will NOT anonymize, depersonalize or aggregate Content (other than the User Content you create) or any other data, output or information received or derived from the Bearwww Services, to directly or indirectly create, develop, customize, train, test or improve in any way any AI Technology;
9. You will NOT use the Bearwww Services to engage in or encourage any illegal activity, or any activity in violation of any applicable local, state, national or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property rights, other proprietary rights, data protection, privacy and import or export control;
10. You will NOT include any document on your personal profile page that contains videos, sound, photographs or images of a person under the age of eighteen (18) or a person over the age of eighteen (18) without their express permission;
11. You will NOT engage in behavior harmful to a person under the age of eighteen (18);
12. you will NOT make ANY unsolicited offers, advertising and proposals or send spam to other users of the Bearwww Services; This includes: unsolicited advertising, promotional messages or other solicitation messages, sending bulk commercial advertisements, chain letters, informational announcements, requests for donations to charities, requests for petitions or signatures, requests for participation in surveys or studies;
13. You shall NOT impersonate another person or entity, falsely claim affiliation with another person or entity, or access other people's Bearwww User Accounts;
14. you will NOT misrepresent the origin, identity or content of information transmitted through the Bearwww Services;
15. You will NOT display the Bearwww application or profile data on an external screen or monitor or in a public environment;
16. You will NOT remove, bypass, disable, damage or disrupt the security-related features of the Bearwww Services, the functions that prevent or limit the use or copying of any content accessible by the Bearwww Services, or the features that impose limitations on the use of the Bearwww Services;
17. You will NOT intentionally disrupt or damage the operation or use of the Bearwww Services by another user, by any means whatsoever, including the downloading or dissemination of viruses, worms or other malicious code;
18. You will NOT publish, store, send, transmit or disseminate information or data that a reasonable person may consider to be objectionable, slanderous, defamatory, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, shocking, vulgar and hateful, racist or otherwise offensive to any group or individual, intentionally misleading, false or otherwise inappropriate, whether such documents or their dissemination is illegal or not;
19. you shall NOT publish, store, send, transmit or disseminate information or documents that infringe patents, trademarks, trade secrets, copyrights or any other right of another person;
20. You will NOT use the Bearwww Services with products, systems or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of providing navigation, localization, dispatch, real-time guidance and fleet management or other similar applications;
21. You will NOT use the Bearwww Services in hazardous environments where a fail-safe performance is mandatory or for any application in which the failure or inaccuracy of this application or the Bearwww Services could result in fatal or personal injury, or physical or material damage;
22. You will NOT attempt to gain unauthorized access to the Bearwww Services or any part thereof, to other accounts, computer systems or networks connected to the Bearwww Services, or any part thereof, through hacking, password extraction or any other means, or disrupt or attempt to disrupt the proper functioning of the Bearwww Services or any activity conducted on the Bearwww service;
23. You will NOT research, analyse or test the vulnerability of the Bearwww Services or any system or network; you will not use a robot, indexing engine or analysis engine or other automated means to access the Bearwww Services for any reason without our explicit written permission; you will not bypass our robots exclusion headers or other measures we may use to prevent or restrict access to the Bearwww Services; you will not modify the Bearwww Services in any way or in any form whatsoever; you will not use or develop any application or other product that interacts with the Bearwww Services or that gives access to the content or information of other users without our written permission; or you will not use modified versions of the Bearwww Services, including for the purpose of obtaining unauthorized access to the Bearwww Services; and,
24. You will NOT prevent another person from using or benefiting from the Bearwww Services, or participate in or encourage any activity prohibited by this Agreement.
10. PREMIUM SERVICES, PURCHASES.
1. Premium Services. Certain services, such as Bearwww Xtra or Bearwww Unlimited, may only be available after creating a User Account and paying a fee ("Premium Services"). These accounts will give you access to these Premium Services for a specified period, which will be renewed automatically. The duration, renewal period and total cost of each Premium Services offer will be provided in the Bearwww Services or when the Premium Services are offered. Our prices vary depending on a number of factors, including, but not limited to, the region, the package and the duration of the subscription. Our pricing may be changed prospectively and any changes will take effect at the beginning of the next subscription period following the date of the price change. We are also testing new features and payment options.
2. PREMIUM SERVICES ARE RENEWED AUTOMATICALLY. PREMIUM SERVICES ARE AUTOMATICALLY RENEWED AT THE END OF YOUR SUBSCRIPTION PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED AT THE RENEWAL PRICE IN EFFECT (PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION ON YOUR PART, UNLESS YOU CANCEL AT LEAST TWENTY-FOUR HOURS BEFORE RENEWAL. YOU ACKNOWLEDGE AND AGREE THAT PREMIUM SERVICES WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT. AUTOMATIC RENEWAL MAY BE FOR A VARIABLE DURATION, FOR EXAMPLE A SUBSCRIPTION OF ONE WEEK, ONE MONTH, ETC.
3. CANCELLATION POLICY. YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. TERMINATION IS EFFECTIVE ONLY AT THE END OF THE CURRENT PERIOD. TO CANCEL, YOU MUST UPDATE YOUR BEARWWW SUBSCRIPTION SETTINGS IN YOUR ITUNES, GOOGLE PLAY OR BEARWWW WEB ACCOUNT, DEPENDING ON WHERE YOU REGISTERED. ALL PREVIOUSLY PAID AMOUNTS ARE NON-REFUNDABLE. FOR EXAMPLE, IF YOU CANCEL AN ANNUAL SUBSCRIPTION TO A PREMIUM SERVICE AFTER SIX MONTHS, YOU WILL NOT RECEIVE A REFUND IN PROPORTION TO YOUR ANNUAL SUBSCRIPTION FEES AND YOU WILL CONTINUE TO USE THE PREMIUM SERVICE FOR THE REST OF THE CURRENT ANNUAL PERIOD. INSTRUCTIONS FOR CANCELLING PREMIUM SERVICES ARE SET FORTH IN THIS DOCUMENT, MAY BE OBTAINED FROM THE BEARWWW SUPPORT CENTER, AND BY SENDING AN EMAIL TO contact@sturb.com.
4. Premium Services Evaluation Period and Welcome Rate. Access to Bearwww Premium Services may from time to time be made available on a free trial basis or at a reduced price for a limited time (a "Trial" or "Premium Trial"). Please note that this Agreement also applies to any Trial. You may be asked to provide information about your credit or debit card when you sign up for a Trial. In the case of free trials with automatic renewal, your credit or debit card will only be charged if you do not cancel your trial before the end of the trial period. Deleting your account or deleting the application from your device does not cancel your Trial. If we ask you for information about your credit or debit card and you do not expressly cancel your trial before it expires, then it will automatically be converted into a paid subscription and your credit or debit card will be charged the subscription fees in effect at the time Your Trial began and will continue to renew automatically for subsequent periods, unless you cancel your subscription in accordance with the procedures set out above. Premium Trials are not available to former Premium Service Users or Users who have previously received a free or reduced-price trial and canceled it before paying for Premium Services. If your transaction results in an overdraft or other fees from your card issuer due to exceeding your credit limit or insufficient funds in your account, your card issuer may charge you a fee, and you are solely responsible for those fees.
5. Purchases. We reserve the right to correct errors (whether by modifying the information relating to Bearwww Services or by informing you of the error and giving you the opportunity to cancel your order) or to update the information at any time and without notice. We may grant or deny requests for cancellation of individual orders at our sole and absolute discretion. All sales are final.
6. Promotional codes. Bearwww may, from time to time, at its sole discretion, offer certain promotional codes to obtain discounts. Promotional codes are not transferable and cannot be exchanged for cash, credits or previous purchases. There is no cash alternative. In addition, promotional codes may not be used in conjunction with any other offer or promotional discount, and must be used before the published date, if any. Lost promotional codes are not replaceable. One promotional code per customer. Promotional codes are void where prohibited by law. Any promotional program may be discontinued or modified by Bearwww at any time at our sole discretion.
7. Payments are non-refundable. Except as otherwise expressly provided in this Agreement (including Section 25 when you are a resident of certain states in the United States and the Special Conditions when you are a resident of certain countries) or if required by applicable law, all payments made to Bearwww are final and all fees are non-refundable, and there are no refunds or credits for partially used periods. Cancellations take effect at the next billing period in which payment is due, unless explicitly stated otherwise in this Agreement.
8. Taxes. Unless otherwise stated at the time of purchase, all payments to Bearwww are deemed exclusive of taxes, duties or charges imposed by tax authorities, and you are responsible for payment of all such taxes, duties or charges.
9. Microtransactions. From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license for certain additional features to be used only in Bearwww Services (collectively, "Microtransactions"). Bearwww reserves the right to charge fees, at its sole discretion, for the right to access or use additional features or may distribute additional features for a fee or free of charge. Bearwww may at any time manage, regulate, control, modify or delete Microtransactions or additional features. Any balance of additional features shown in your user account does not constitute a real balance or reflect a stored value, but rather constitutes a measure of the extent of your license. Additional features do not incur charges for non-use; however, the license granted to you for Microtransactions will terminate in accordance with the terms of this Agreement when we cease to provide Bearwww Services or your user account is otherwise closed or terminated. Bearwww will have no liability to you or any third party in the event that Bearwww exercises such rights. The provision of additional features to use in Bearwww Services is a service that begins immediately after the acceptance of these Microtransactions. ALL MICRO-TRANSACTION PURCHASES MADE THROUGH BEARWWW SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT BEARWWW IS NOT REQUIRED TO MAKE A REFUND FOR ANY REASON WHATSOEVER, AND THAT YOU WILL NOT RECEIVE ANY FINANCIAL OR OTHER COMPENSATION FOR UNUSED ADDITIONAL FEATURES UPON CLOSURE OF AN ACCOUNT, WHETHER THE LATTER WAS VOLUNTARY OR NOT.
11. YOUR USE.
1. You acknowledge that some of the Bearwww Services can only be accessed by downloading the Bearwww Software on your device. You will only be able to post your User Content (including discussions) if you have downloaded the Bearwww Software and created an account.
2. BEARWWW RESERVES THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR THE USE OF ANY USER OF BEARWWW SERVICES, INCLUDING THE REGISTRATION OR MESSAGING OF A USER, AS WELL AS THE USE OR ACCESS OF THE USER TO GEOGRAPHICAL INFORMATION AND OTHER USERS' PROFILES. CONSEQUENTLY, BEARWWW ALSO RESERVES THE RIGHT TO (A) PROHIBIT THE USE OR ACCESS OF A USER TO BEARWWW SERVICES, INCLUDING GEOGRAPHICAL INFORMATION AND OTHER USERS' PROFILES; OR (B) DELETE A USER'S ACCOUNT, FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE OR OBLIGATION TO YOU. REFUNDS WILL ONLY BE GRANTED IF THIS IS EXPLICITLY PROVIDED FOR IN THIS AGREEMENT.
3. You are solely responsible for your interaction with other users and all content and information you provide to Bearwww Services. You agree that Bearwww cannot be held responsible for any loss or damage suffered as a result of such interactions. Bearwww reserves the right, but not the obligation, to monitor disagreements between you and other users.
4. Bearwww does not control the content of User Accounts and profiles. Bearwww has the right, but not the obligation, to monitor such content for any reason whatsoever. You acknowledge that you are solely responsible for the content and materials you provide to Bearwww Services.
12. OUR REFUSAL OR SUSPENSION OF YOUR SERVICE.
1. You may delete your account at any time, for any reason, by following the instructions given in the Bearwww Services. Once your account is deleted, this Agreement will terminate immediately, except as provided in Section 25 below.
2. If your User Account is configured for recurring billing of a Premium Service, you may cancel your User Account at any time. You will still be able to access it during any billing periods that have already been paid.
3. Bearwww may suspend or terminate any User Account you have with the Bearwww Services or your access or use of the Bearwww Services or any part thereof, if Bearwww believes that the content of your profile or your conduct within the Bearwww Services violates our Terms of Service or that you have otherwise breached this Agreement, or for any other reason, at its sole discretion, subject to Sections 12.4 and 12.5 below. Bearwww may also delete and ignore all or part of your User Account or any User Content (as defined below) at any time. You agree that any termination of your access to the Bearwww Services or any User Account you may have or any part thereof may be effected without notice (except as provided in Section 12.4 below), and you agree that Bearwww is not liable to you or any third party for such termination and that refunds will only be made as expressly provided in this Agreement (including Section 12.5 below). For example, we may deactivate your User Account due to prolonged inactivity. Without limiting our other rights, we reserve the right to remove all of Your user content from the Bearwww Services upon any termination or cancellation of your user account. Any suspicion of fraudulent, illegal and abusive activity, or circumstances in which we believe there is a risk of physical harm or a threat to the safety of others, may constitute grounds for terminating your use of the Bearwww Services and may be forwarded to the competent law enforcement authorities. These remedies are in addition to any that Bearwww may have in law or equity.
4. If you have paid for a Premium Service, Bearwww will give you at least 30 days' notice before terminating your access to Bearwww Services or any User Account, unless the content of your profile or your conduct within the Bearwww Services violates Our Terms of Service or if you have otherwise breached this Agreement, in which case Bearwww may suspend or terminate your access to Bearwww Services or any User Account immediately.
5. If you have paid for a Premium Service and Bearwww terminates your access to Bearwww Services or any User Account, Bearwww will refund you on a pro-rata basis for the prepaid amounts, but unused for these Premium Services; however, if Bearwww terminates your access to Bearwww Services or any User Account because you have violated our Terms of Use, Bearwww will be entitled to retain the amounts you have paid for Bearwww Services. However, where required by law (as in the United Kingdom), Bearwww will only retain an amount to cover any costs and other losses it incurs as a result of the breach or infringement, which may still mean that no refund is due.
6. You acknowledge and agree that Google, Apple, or any other third-party platform provider (as the case may be, depending on the device and operating system used) may be the official provider of transactions involving Bearwww Services. As such, you may need to request any refund to which you are entitled under this Agreement through the App Store, Google Play or another third-party platform (if applicable).
7. If you believe that Bearwww has suspended or deleted your User Account in error, you can contact us at contact@sturb.com at any time.
13. USER CONTENT AND SYSTEM-GENERATED CONTENT.
1. "Content" means User Content and System Generated Content, as defined below.
1. The Bearwww Services allow the submission of content and material (such as images, ideas, notes, concepts, audio, video or creative suggestions) by you and other Users to Bearwww and other Users, including direct messages between users ("User Content"), and hosting, sharing and/or posting such User Content with Bearwww and other Users.
2. Bearwww Services may provide or use recommendations; textual images, audio, video and other content (including messages); and other features developed or created by our technological systems ("System Generated Content"). This system-generated Content may be generated by or with the use of AI Technology. For example, the Bearwww Services may use AI Technology to help present profiles of other users that may be of interest to you or may recommend conversations on chat topics to explore.
2. As indicated in Section 2 above, you are solely responsible for your own User Content, the consequences of posting User Content and your interactions with other users.
3. With respect to your User Content, you represent and warrant that: (i) you own, or have the licenses, rights, consents and permissions necessary to use, and authorize Bearwww to use, all intellectual property and any other proprietary right in and to any User Content to enable the inclusion and use of User Content in the manner contemplated by the Bearwww Services and this Agreement; and (ii) you have the written consent, release and/or permission of each identifiable person in the User Content to use the name or image of each identifiable person to enable the inclusion and use of the User Content in the manner contemplated by the Bearwww Services and this Agreement. For the avoidance of doubt, you will retain all of your ownership rights to your User Content.
4. You understand that by using the Bearwww Services, you will be exposed to Content from a variety of sources, and that Bearwww is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable.
5. Bearwww assumes no responsibility in connection with or arising from the Content. Bearwww does not assume the responsibility to actively monitor the Content to detect any inappropriate content. If at any time Bearwww chooses, at its sole discretion, to monitor the Content, Bearwww nevertheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User who submits the Content. In addition, Bearwww does not endorse and has no control over User Content submitted by other users. Bearwww makes no warranty, express or implied, as to the Content or the accuracy and reliability of any Content. Nevertheless, Bearwww reserves the right to prevent you from submitting User Content and to edit, restrict or remove User Content at any time, for any reason.
6. User Content is the property of the user who submitted it, subject to the license granted by Bearwww for this User Content under this Agreement. You may not share, post or duplicate the User Content of any other party, except as provided in this Agreement.
7. You hereby grant, and you represent and warrant that you have the right to grant, to Bearwww an irrevocable (subject to applicable law and our Privacy Policy), perpetual, non-exclusive, transferable, sub-licensable (through unlimited levels of sub-licensees), royalty-free and fully paid worldwide license to reproduce, distribute, display and publicly perform, prepare derivative works, incorporate into other works, etc, and to otherwise use and exploit your User Content, for the purpose of including your User Content in the Bearwww Services and/or to develop, maintain and improve the Bearwww Services in accordance with our Privacy Policy (including, without limitation, to create, develop, train, test, deploy, operate and improve directly or indirectly the AI Technologies or other Bearwww Services), and as otherwise authorized by this Agreement. You agree to irrevocably waive any claim and demand relating to moral or property rights with respect to your User Content. You hereby also grant Bearwww, as part of a sale of Bearwww or Bearwww assets, the right to sell or transfer the User Content to a third party. See our Privacy Policy for more information about the use, collection or sharing of your information, including User Content.
8. If you provide Bearwww with any comments or suggestions regarding the Bearwww Services ("Comments"), you grant Bearwww an irrevocable, perpetual worldwide license (with the right to sublicense) to use such Comments and related information in the manner it deems appropriate. Bearwww will consider all comments you provide as non-confidential and non-exclusive. Bearwww shall under no circumstances have any obligation whatsoever to compensate you for any comments. You agree not to submit to Bearwww any information or ideas that you consider confidential or proprietary, or for which you expect to be compensated.
14. THIRD PARTY SITES, PRODUCTS AND SERVICES AND LINKS.
1. Bearwww Services may include links to other websites or services, whether through advertising or otherwise ("Third Party Websites"), solely for the convenience of Users. Bearwww does not endorse these linked sites or the information, documents, products or services contained on or accessible through other linked sites. In addition, Bearwww makes no explicit or implicit guarantee concerning the information, documents, products or services contained on or accessible through linked sites. Access to and use of linked sites, including information, documents, products and services contained on or accessible by linked sites, is solely at your own risk. We do not control these Third Party Websites and this Agreement does not apply to companies that are neither owned nor controlled by Bearwww or to the actions of persons who are neither employed nor supervised by Bearwww. Always consult the terms of use published on third-party websites.
2. The correspondence or business relationships you have with advertisers, or your participation in promotions of advertisers found on or through the Bearwww Services are solely between you and the advertisers in question. You agree that Bearwww is not responsible for any loss or damage resulting from such a transaction or the presence of these advertisers on Bearwww Services.
3. Parties other than Bearwww may provide services or sell products through Bearwww Services. We are not responsible for reviewing or evaluating, and we do not endorse the offers of these companies or the content of their offers of products and services. Bearwww assumes no responsibility for the actions, products and content of all these third parties and any other third party. You should carefully read the privacy policies and other terms of use of third parties.
4. By using third-party applications that connect to the Bearwww Services ("Third Party Applications"), you acknowledge and agree that Bearwww may transmit User Content to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by such Third Party Websites or Third Party Applications. Bearwww cannot be held responsible for the transmission of User Content from Bearwww Services to Third Party Websites or Third Party Applications, nor for the use of User Content on Third Party Websites or Third Party Applications. Please consult the terms of use and privacy policies of Third Party Websites or Third Party Applications. Please remember that the way Third Party Applications use, store and disclose your information is governed solely by the policies of such Third Party Applications, and we have no responsibility for the privacy practices or other actions of any third party website or service that may be enabled in the Services. Bearwww cannot be held responsible for and does not endorse the functionality, content or other materials available on or through Third Party Websites or Third Party Applications. Bearwww does not filter, verify or endorse Third Party Websites or Third Party Applications. Therefore, if you decide to access Third Party Websites or Third Party Applications, you do so at your own risk and agree that your use of Third Party Websites or Third Party Applications is "as is" without any warranty as to the actions of Third Party Websites or Third Party Applications, and that this Agreement does not apply to your use of Third Party Websites or Third Party Applications.
5. You acknowledge and agree that Bearwww may integrate your User Content and location information for User Accounts with Bearwww Services with third party information sources and Third Party Applications in the provision of Bearwww Services.
6. To the extent that your User Content contains your personal data (as defined in the Privacy Policy), any transfer of such personal data will be subject to Our Privacy Policy and the third party's privacy policy.
15. ADVERTISEMENTS.
Bearwww and its licensors may publicly display advertisements and other information next to your content. You are not entitled to any compensation for these advertisements. The presentation, terms and extent of these advertisements are subject to change without notice or any particular obligation to you.
16. END USER LICENSES.
1. Your device. To use the Bearwww Software, you must have a mobile device or other device compatible with the Bearwww Services. Bearwww does not guarantee that the Bearwww Services will be compatible with your device. You are responsible for all mobile or data charges that you may incur for using the Bearwww Services on your device, including text messaging fees, roaming fees and data charges. If you are unsure of the applicable fees, please contact your mobile, Internet or other service provider before using the Bearwww Services.
2. Granting of license. Provided that you comply with the provisions of this Agreement, Bearwww hereby grants you a non-exclusive, non-transferable and revocable license to (i) use a copy of the compiled code of the Bearwww Software on your behalf on a mobile device or other device that you own or rent, for your personal and non-commercial use and (ii) your personal and non-commercial use of the Bearwww Services (other than the Bearwww Software) in accordance with the intended use by Bearwww, as publicly communicated from time to time by Bearwww.
3. Restrictions. You may NOT: (i) modify, disassemble, decompile or reverse engineer or reduce to source code or any other human-perceptible form the Bearwww Services or any technology used in connection with the Bearwww Services, unless such restrictions are expressly prohibited by law, without the possibility of contractual derogation; (ii) rent, lend, resell, sublicense, distribute or otherwise transfer the Bearwww Services to any third party or use the Bearwww Services to provide timeshare services or similar services to any third party; (iii) make copies of the Bearwww Services; (iv) delete, bypass, disable, damage or otherwise interfere with the security features of the Bearwww Services, the functions that prevent or restrict the use or copying of any content accessible through the Bearwww Services, or the functions that apply limitations to the use of the Bearwww Services; (v) create extensions, products related to or that interact with the Bearwww Services, except to the extent that such a restriction is expressly prohibited by law without the possibility of contractual waiver; or (vi) remove copyright notices and other proprietary rights on the Bearwww Services.
4. Upgrades. You acknowledge that Bearwww may from time to time publish upgraded versions of the Bearwww Services, and may automatically electronically upgrade the version of the Bearwww Services that you use on your mobile device or otherwise. You consent to such automatic upgrades on your mobile device or other, and agree that the terms of this Agreement apply to all such upgrades. You agree that Bearwww has no obligation to you for these upgrades.
5. Open source. To the extent that the Bearwww Services use a free or third-party source code that can be incorporated into the Bearwww Services, the said free source code is covered by the EULA of the said free source or third-party license, if any, authorizing the use of this code.
6. Reserved rights. The aforementioned license granted under this Agreement is neither a sale of the Bearwww Services nor a copy of the latter and Bearwww, its partners or third-party suppliers, retain all rights, title and interest in the Bearwww Services (and any copy thereof). Any attempt to transfer any rights, duties or obligations under this Agreement, except as expressly provided in this Agreement, is void. Bearwww reserves all rights not explicitly granted under this Agreement.
7. Trademarks, service marks and logos. The names and logos associated with the Bearwww Services are the property of Bearwww. No use of these trademarks is permitted without the prior written permission of Bearwww. All rights reserved.
8. Government end users. The Bearwww Services are intended for use by individuals, not by government agencies. If Bearwww authorizes the use of the Bearwww Services on behalf of the United States Government or if the United States Government uses the Bearwww Services without authorization, the use, duplication, display, modification, reproduction, publication, performance, distribution and disclosure of the Bearwww Services (or any part thereof) by the United States Government are subject to the restrictions set forth in this Agreement and in accordance with DFARS 227.7202-1 (a) and 227.7202-3 (a) (1995), DFARS 252.227-7013 (c) (1) (ii) (OCT 1988), FAR 12.212 (a) (1995), FAR 52.227-19 or FAR 52.227-14 (ALT III), as applicable. Otherwise, nothing in this Agreement shall give the government user the right to extend the Bearwww Services beyond those set forth in this Agreement.
9. Export Control. The Bearwww Services originate in the United States of America and are subject to the export laws and regulations of the United States of America. You may not export or re-export the Bearwww Services to certain countries or to any natural or legal persons that are not authorized to receive exports from the United States of America. In addition, Bearwww Services may be subject to the import and export laws of other countries. You agree to comply with all applicable laws of the United States of America and other countries relating to the use of the Bearwww Services.
10. Application Platforms. You acknowledge and agree that the availability of the Bearwww Services depends on the third party from which you received the Bearwww Services, for example Google Play Store or Apple App Store (each, an "Application Platform"). You acknowledge that this Agreement is between you and Bearwww and not with the Application Platform. Each Application Platform may have its own terms and conditions, which you must agree to before downloading the Services Bearwww. You agree to comply, and your license to use the Bearwww Services depends on your compliance, with all applicable conditions of said Application Platform.
17. OUR LIMITATIONS OF LIABILITY, NO WARRANTY IS GRANTED TO YOU.
1. SOME STATE, PROVINCIAL AND NATIONAL LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUR CASE. YOU MAY ALSO HAVE OTHER RIGHTS. PLEASE REFER TO THE "SPECIAL CONDITIONS FOR INTERNATIONAL USERS" FOR CERTAIN EXCEPTIONS FOR THESE USERS.
2. THE BEARWWW SERVICES AND ALL SOFTWARE, SERVICES OR APPLICATIONS AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BEARWWW SERVICES ARE PROVIDED, TO THE EXTENT PERMITTED BY LAW, "AS IS", "AS AVAILABLE" AND "WITH ALL THEIR IMPERFECTIONS", AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BEARWWW, ITS SUPPLIERS, ITS AFFILIATES AND ITS LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND RESPECT OF PROPERTY RIGHTS.
3. BEARWWW, ITS SUPPLIERS AND ITS LICENSORS, DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN BEARWWW SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT BEARWWW SERVICES OR THE SERVER THAT HOSTS THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. BEARWWW, ITS SUPPLIERS AND ITS LICENSORS (INCLUDING BEARWWW'S THIRD-PARTY WIRELESS TELEPHONY LICENSORS) MAKE NO WARRANTIES AND DO NOT REPRESENT THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR OTHER BEARWWW SERVICES IN TERMS OF SECURITY, SAFETY, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BEARWWW, ITS SUPPLIERS OR LICENSORS) ASSUME THE ENTIRE COST OF ALL SERVICES OR EQUIPMENT REQUIRED TO ACCESS BEARWWW SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OBTAIN MATERIAL OR DATA THROUGH THE USE OF BEARWWW SERVICES AT YOUR OWN DISCRETION AND YOUR OWN RISK.
5. BEARWWW DISCLAIMS ANY LIABILITY FOR ANY CONTENT THAT YOU OR ANY OTHER MEMBER OR THIRD PARTY PUBLISH, SEND OR RECEIVE THROUGH BEARWWW SERVICES. ANY DOCUMENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH BEARWWW SERVICES IS ACCESSIBLE AT YOUR OWN DISCRETION AND RISK.
6. BEARWWW DISCLAIMS AND ASSUMES NO LIABILITY FOR YOUR BEHAVIOR OR THAT OF ANY OTHER MEMBER, WITHIN THE BEARWWW SERVICES OR OUTSIDE.
7. WE WILL NOT BE LIABLE FOR A DELAY OR A BREACH OF OUR OBLIGATIONS UNDER THIS AGREEMENT OR A SERVICE FAILURE IF THE DELAY OR FAILURE RESULTS FROM A FORCE MAJEURE OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
18. YOUR COMPENSATION TO US, BEARWWW'S DISCLAIMER.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Bearwww (and its affiliates, subcontractors, employees, agents, suppliers, licensors, successors and assigns) from any liability in the event of any claim, demand, suit, action, loss, cost, damage and any other liability, including attorneys' fees or any right to contribution, indemnification, subrogation or any other similar right, brought by a third party arising out of or related in any way to:
-
o Your access, use or misuse of Bearwww Services (including any act of negligence, omission or willful misconduct on your part and your use or misuse of any location data);
o User Content;
o your interactions with other users within the framework of the Bearwww Services or outside (including any violation by you of the rights of any other person or entity);
o Your violation of this Agreement or any other policy governing the Bearwww Services, including the Guidelines; or
o Any third party site, product, service and link included in or accessible through the Bearwww Services.
Bearwww reserves 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 will not settle any claim without Our prior written consent. You agree to cooperate with Our defense of these claims. This obligation to defend and indemnify is intended to extend to the limits stipulated by law and will survive this Agreement and your use of the Bearwww Services.
19. LIMITATION OF OUR LIABILITY AND YOUR DAMAGES.
1. SOME STATE, PROVINCIAL AND NATIONAL LAWS DO NOT ALLOW THE LIMITATION OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU. PLEASE REFER TO THE SPECIAL CONDITIONS OF CERTAIN EXCEPTIONS FOR SUCH USERS.
2. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BEARWWW (WHICH INCLUDES, FOR THE PURPOSES OF THIS SECTION 19, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR LICENSORS OR THIRD PARTY SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELATED TO CONFIDENCE, CONSEQUENTIAL, MULTIPLE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATED TO ANY ACCIDENT, PHYSICAL OR MENTAL INJURY, DEATH, LOSS OR OTHER CAUSE, OR ANY LOSS OF DATA, CUSTOMERS OR OTHER INTANGIBLE LOSS) RELATED TO OR RESULTING FROM: (A) YOUR USE OF BEARWWW SERVICES; (B) OUR DISCLOSURE, POSTING OR MAINTENANCE OF INFORMATION ON YOUR LOCATION; (C) YOUR USE OR INABILITY TO USE BEARWWW SERVICES; (D) BEARWWW SERVICES IN GENERAL (INCLUDING BEARWWW SOFTWARE) OR THE SYSTEMS THAT MAKE BEARWWW SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTION WITH BEARWWW OR ANY OTHER USER OF BEARWWW SERVICES, EVEN IF BEARWWW OR AN AUTHORIZED REPRESENTATIVE OF BEARWWW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY MENTIONED IN THIS SECTION SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PROVIDED BY LAW, APPLY EVEN IF THE ESSENTIAL PURPOSE OF A REMEDY MENTIONED HAS FAILED.
3. IN NO EVENT SHALL BEARWWW'S (OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', SUPPLIERS', OR THIRD PARTY LICENSORS' OR SUPPLIERS') TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE BEARWWW SERVICES (WHETHER IN THE CONTEXT OF A CONTRACT, A TORT [INCLUDING NEGLIGENCE], A WARRANTY OR OTHERWISE) EXCEED THE AMOUNTS YOU HAVE PAID TO ACCESS THE BEARWWW SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY (50) DOLLARS, THE HIGHER AMOUNT BEING RETAINED.
4. THIS SECTION 19 IS NOT INTENDED TO EXCLUDE LIABILITY THAT BEARWWW CANNOT EXCLUDE UNDER APPLICABLE LAW.
20. YOU ACKNOWLEDGE THE BENEFIT OF NEGOTIATING WITH BEARWWW.
YOU ACKNOWLEDGE AND AGREE THAT BEARWWW HAS OFFERED BEARWWW SERVICES, SET ITS PRICES AND ENTERED INTO THIS AGREEMENT UNDER THE WARRANTY LIMITATIONS AND LIMITS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY LIMITATIONS AND LIABILITY LIMITATIONS SET FORTH IN THIS AGREEMENT FAIRLY AND REASONABLY ALLOCATE THE RISKS BETWEEN YOU AND BEARWWW, AND THAT THE WARRANTY LIMITATIONS AND LIABILITY LIMITATIONS DESCRIBED IN THIS AGREEMENT CONSTITUTE THE ESSENTIAL BASIS OF A NEGOTIATION BETWEEN YOU AND BEARWWW. BEARWWW COULD NOT PROVIDE YOU WITH BEARWWW SERVICES IN AN ECONOMIC AND REASONABLE MANNER WITHOUT THESE LIMITATIONS AND LIMITS.
21. DISCLAIMER.
To the extent permitted by applicable law, you hereby release and discharge us (as well as our affiliates, subcontractors, employees, agents, suppliers, successors and assigns) from, and hereby waive, all disputes, claims, disagreements, demands, rights, obligations, liabilities, actions and causes of past, present and future actions, of any kind and nature (including injuries, emotional distress, identity theft, death, loss and damage to property or any right of contribution, indemnification or subrogation), which have resulted or result directly or indirectly from, or are directly or indirectly related to:
-
o your access, use or misuse of Bearwww Services (including your use or misuse of location data);
o User Content;
o Content generated by the system;
o Your interactions with other users on or off Bearwww Services (including any violation by you of the rights of any other person or entity);
o Your breach of this Agreement or any other policy governing the Bearwww Services, including the Guidelines; or
o Any third party site, product, service and link included in or accessible through the Bearwww Services.
If you are a California resident, you hereby waive the provisions of Article 1542 of the California Civil Code, which states: "A general release does not extend to claims of which the creditor or the party released is not aware, or suspects not to its own advantage at the time of the execution of the release and which, if they had been known by him or her, would have materially affected his or her settlement with the debtor or the party released. "
22. RESOLUTION OF OUR DISPUTES; AGREEMENT FOR ARBITRATION.
Please read the following arbitration provision carefully. Unless you choose to opt out in the manner described in subsections 13 and 14 below, this arbitration provision requires you and Bearwww to arbitrate disputes and limits the manner in which relief may be sought ("Arbitration Agreement").
1. You and Bearwww agree that any dispute arising out of or relating in any way to your use of or access to the Bearwww Services, including the validity, scope, interpretation, violation, performance or termination of this Agreement, or otherwise related to Bearwww in any way (collectively, "Covered Disputes" or "Disputes") will be resolved in accordance with the provisions set forth in this Section 22. For the avoidance of doubt, this Arbitration Agreement shall not apply to claims whose application is prohibited by applicable law.
2. Informal Resolution. You and Bearwww agree that, in good faith, informal efforts to resolve disputes can lead to a quick, economical and mutually beneficial outcome. You and Bearwww therefore agree that before either party initiates arbitration proceedings against the other (or initiates an action in small claims court if a party so wishes), you and we will meet in person and consult by telephone or videoconference, in a good faith effort to informally resolve any dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference" or "Conference"). If you are represented by an attorney, your attorney may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must notify the other party in writing of its intention to organize a Conference (" Notice "), which will take place within forty-five (45) days of receipt of this Notice by the other party, unless an extension is mutually agreed by the parties. The Notice of your intention to initiate a Conference must be sent to Bearwww by email at contact@sturb.com. The Notice must include: (1) your name, telephone number, postal address and the email address associated with your User Account (if you have one); (2) the name, telephone number, postal address and email address of your counsel, if any; and (3) a description of your Dispute. The Conference is individualized, so that a separate Conference must be organized each time a party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties consent; several people initiating a Dispute cannot participate in the same Conference, unless all parties consent. Between the receipt of the Notice by a party and the Conference, nothing in this Arbitration Agreement shall preclude the parties from engaging in informal communications to resolve the Dispute of the initiating party. Participation in the Conference is a prerequisite and mandatory requirement that must be fulfilled before commencing arbitration. The limitation periods and payment of filing fees are suspended while the parties participate in the conference procedure provided for in this section.
3. Applicable Law. You and we agree that the federal law of the United States of America, including the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), and (to the extent not inconsistent with federal law) the laws of the State of California, United States, without regard to principles of conflict of laws, govern all Disputes, except as otherwise explicitly provided in the Special Conditions.
4. Our arbitration.
You and we agree that this provision and each of its parts evidences a transaction involving interstate commerce, and that the FAA applies in all cases and governs the interpretation and application of arbitration rules and arbitration procedures. Any Dispute must be submitted individually to binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the AAA's Supplementary Procedures for Consumer-Related Disputes (including procedures conducted in person, by telephone and videoconference, if deemed appropriate and authorized to reduce travel costs) available at
https://www.adr.org/sites/default/files/Consumer%20Rules.pdf
. If the AAA is not available for arbitration, the parties will choose another arbitration forum. If the Informal Dispute Resolution Conference does not resolve the dispute satisfactorily within forty-five (45) days of receipt of a notice, you and Bearwww agree that either party has the right to definitively resolve the dispute by enforceable arbitration in accordance with this Arbitration Agreement.
A party wishing to initiate arbitration proceedings must provide the other party with a request for arbitration (the "Request"). The Request must include (1) the name, telephone number, postal address, email address of the party requesting arbitration and the account username (if any) and the email address associated with any applicable user account; (2) a statement of the legal claims made and the factual basis for those claims; (3) a description of the remedy sought and a precise and good faith calculation of the amount in dispute in US dollars; (4) a statement certifying that the information dispute resolution procedure has been followed as indicated above; and (5) proof that the requesting party has paid all registration fees required in connection with this arbitration. If the party requesting arbitration is represented by an attorney, the Request shall also include the name, telephone number, postal address and e-mail address of the attorney. The lawyer must also sign the Request. By signing the Demand, the attorney certifies to the best of his knowledge, information and belief, following a reasonable investigation in such circumstances that: (1) the Demand is not submitted for inappropriate purposes, such as harassment, causing unnecessary delays or unnecessarily increasing the cost of dispute resolution; (2) the claims, defenses and other legal disputes are justified by the legislation in force or by a serious argument in favor of the extension, modification or reversal of the legislation in force or the establishment of a new law and (3) the allegations of fact and damages have supporting evidence or, if they are expressly identified, will probably have probative support after a more thorough and reasonable investigation or discovery.
The arbitrator shall be either a retired judge or an attorney admitted to practice law in the State of California, and shall be chosen by the parties from the AAA's list of consumer dispute arbitrators. If the parties fail to agree on the choice of an arbitrator within thirty-five (35) days of the filing of the Demand, the AAA shall appoint the arbitrator in accordance with the AAA Rules, provided that if the arbitration procedure by lots (defined below) provided for in subsection 9 is triggered, the AAA shall appoint the arbitrator for each lot.
Unless otherwise agreed between you and Bearwww, the arbitration will be conducted in the county in which you reside, or as determined by the arbitrator in the case of a Batch Arbitration. Unless otherwise agreed between you and Bearwww, the arbitration shall be conducted virtually by video or teleconference. At the request of either party, the arbitrator may, at his or her discretion, require a hearing in person. You and we agree that the arbitrator shall have the exclusive authority to resolve any Dispute, including, without limitation, disputes concerning the interpretation or application of the Arbitration Agreement, including the applicability, revocability, scope or validity of the Arbitration Agreement or any part of the Arbitration Agreement, except for all disputes concerning the paragraph entitled "Waiver of Certain Rights", including any claim or dispute that all or part of this paragraph is unenforceable, illegal, void or voidable, or that this paragraph has been violated, which shall be settled by a competent court and not by an arbitrator. The arbitrator shall have the authority to grant dispositive motions for all or part of any Dispute.
5. The arbitration award is binding on both parties. You and we agree that in cases where the remedy sought is greater than 5,000 USD, the arbitrator's written decision shall include the essential findings and conclusions on which the arbitrator based his or her award. The arbitrator shall rule on the basis of all claims in accordance with applicable law, including recognized principles of equity, and shall honor all privilege claims recognized by law. The arbitrator shall not be bound by decisions in previous arbitrations involving different users, but is bound by decisions from previous arbitrations involving the same Bearwww user to the extent permitted by applicable law. You and we agree that the arbitrator's award is final and binding and that the judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
6. Injunctive and declaratory relief. Subject to this Arbitration Agreement, the arbitrator may grant declaratory or injunctive relief only in favor of the individual party seeking compensation and only to the extent necessary to provide the remedy justified by the individual claim of the party. Nothing in this paragraph is intended to, nor will it affect, the terms and conditions of subsection 9 entitled "Batch Arbitration".
7. Exceptions to our Agreement to arbitrate disputes. This arbitration provision includes three exceptions:
1. First, if either party reasonably believes that the other party has in any way infringed or threatened to infringe the other party's intellectual property rights, the party whose rights have been infringed may seek an injunction or other appropriate interim remedy from a competent court.
2. Each party will retain the right to seek redress in a Small Claims Court for disputes or claims falling within the jurisdiction of such courts.
3. Third, where the application of this arbitration provision is prohibited by applicable law.
8. Arbitration Fees. You and we agree that payment of all filing, administration and arbitration fees shall be governed by the AAA's rules, except as otherwise provided in this arbitration provision. The parties shall bear the fees and costs of their own attorneys in connection with the arbitration, unless the arbitrator finds that the substance of the dispute or the remedy corresponding to the request for arbitration is frivolous or unfounded (in accordance with the standards set out in the Federal Rule of Civil Procedure 11 (b)).
9. Batch Arbitration. In order to improve the efficiency of the administration and resolution of arbitrations, you and Bearwww agree that in the event that there are ten (10) or more individual requests for arbitration of a substantially similar nature filed against Bearwww by or with the assistance of the same law firm, group of law firms or organizations, within a period of ninety (90) days (or as soon as possible thereafter), the AAA shall (1) administer the requests for arbitration in batches of 100 Requests (or, if between ten (10) and ninety-nine (99) individual requests are filed, a single batch of all such requests, and, to the extent that there are less than 100 Requests after the batching described above, a final batch consisting of the remaining Requests); (2) appoint an arbitrator for each batch; and (3) provide for the resolution of each batch in the form of a single consolidated arbitration with a single set of filing fees and administrative fees due per party and per batch, a single procedural timetable, a single hearing (if any) in a place to be determined by the arbitrator, and a single final award ("Batch Arbitration").
All parties agree that the requests are "substantially similar in nature" if they arise out of or relate to the same event or factual scenario, raise identical or similar legal issues, and seek the same or similar remedy. In the event of disagreement between the parties on the application of the Batch Arbitration procedure, the dissenting party shall notify the AAA, which shall appoint a permanent sole arbitrator to determine the applicability of the batch arbitration procedure ("Administrative Arbitrator"). In order to expedite the resolution of such a dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may define the procedures necessary to quickly resolve any dispute. The Administrative Arbitrator's fees shall be paid by Bearwww.
You and Bearwww agree to cooperate in good faith with the AAA to implement the Batch Arbitration process, including the payment of single and administrative filing fees for batches of requests, as well as any measures to minimize the time and costs of arbitration, which may include: (1) the appointment of a special discovery expert to assist the arbitrator in resolving discovery disputes and 2) the adoption of an expedited timetable for arbitration proceedings.
This provision of Batch Arbitration shall in no way be construed as authorizing collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims in all circumstances, except as expressly stated in this subsection.
10. Subsequent Amendments to the Arbitration Agreement. Notwithstanding anything to the contrary in this Agreement, you and we agree that if we make a material change to this Arbitration Agreement in the future, we will notify you and this change will not apply to any claim that was filed in a lawsuit against Bearwww before the effective date of the change. This amendment will, however, apply to all other disputes or claims governed by the arbitration agreement arising or to arise between you and Bearwww. If you do not agree to these amended terms, you may close your User Account within thirty (30) days of the publication or notice and you will not be bound by the amended terms. Changes to this Arbitration Agreement do not give you a new opportunity to opt out of the Arbitration Agreement if you have already accepted a version of this Arbitration Agreement and have not validly opted out of arbitration.
11. Legal forum for legal disputes. Unless otherwise agreed between you and us, and except as described in Section 22.7.2 (Small Claims Court), in the event that the above Arbitration Agreement is found not to apply to you or to a particular claim or dispute, either because of your decision to withdraw from the Arbitration Agreement, or because of a decision of the arbitrator or a court order, or because the claim is not subject to arbitration under applicable law, or because you are an international user to whom this arbitration agreement does not apply, you agree (unless otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Bearwww shall be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Bearwww agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California, for the settlement of such claims or disputes.
12. Severability of the arbitration clause. Subject to the provisions of the subsection entitled "Waiver of Certain Rights", if one or more parts of this Arbitration Agreement are held to be invalid or unenforceable under law, this or these specific parts will be null and void and will be deleted, the rest of the Arbitration Agreement remaining in full force and effect.
13. YOU MAY WAIVE ARBITRATION. IF YOU ARE A NEW BEARWWW USER, YOU MAY CHOOSE TO WAIVE THE ARBITRATION PROVISION OF THE AGREEMENT ("WAIVER") BY SENDING US AN EMAIL TO CONTACT@STURB.COM ("NOTICE OF WAIVER"). THE NOTICE OF WAIVER MUST BE RECEIVED WITHIN THIRTY-ONE (31) DAYS FOLLOWING THE DATE ON WHICH YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW BEARWWW USER, YOU HAVE UNTIL THIRTY-ONE (31) DAYS AFTER THE PUBLICATION OF THE MATERIAL CHANGES TO THE ARBITRATION PROVISION TO SUBMIT A NOTICE OF ARBITRATION WAIVER.
14. Procedure for waiving arbitration. To exercise your right of withdrawal, within thirty-one (31) days of your acceptance of the terms of this Agreement for the first time, or the amended terms following a material change to this Arbitration Agreement, you must email your legal name, mailing address (including street address, city, state and zip code), the email address(es) associated with your account(s) to which the right of withdrawal applies, and an unmodified digital image of your valid driver's license to the following address: contact@sturb.com. This procedure is the only way to waive the arbitration agreement. If you opt out of the arbitration agreement, all other parts of this Agreement and this Disputes Section (including Sections 20 [You acknowledge the benefit of the market with Bearwww] and 15 to 19 [15 - Advertising; 16 - End user licenses; 17 - Our disclaimer clauses; No guarantee for you, 18 - your compensation; You keep Bearwww out, and 19 - Limitation of our liability and your damages]) will continue to apply to you. The waiver of this arbitration agreement has no effect on any prior, other, or future arbitration agreements you may enter into with us.
15. WAIVER OF CERTAIN RIGHTS. BY ACCEPTING THIS AGREEMENT, YOU AND BEARWWW IRREVOCABLY WAIVE ALL CONSTITUTIONAL AND LEGAL RIGHTS TO BRING AN ACTION AND TO BENEFIT FROM A TRIAL BEFORE A JUDGE OR A JURY (OTHER THAN THE SMALL CLAIMS COURT PROVIDED ABOVE). NEITHER OF US MAY BRING AN ACTION AGAINST THE OTHER OTHER THAN IN AN INDIVIDUAL CAPACITY AND NOT ON THE BASIS OF A CLASS, A REPRESENTATIVE OR A CLASS ACTION, AND THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED OR ARBITRATED ON THE BASIS OF A CLASS, A COLLECTIVE ACTION, A REPRESENTATIVE OR A MASS ACTION. ONLY INDIVIDUAL RELIEF IS POSSIBLE. YOU ACKNOWLEDGE THAT YOU MAY NOT ACT AS A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF APPLICANTS, IN THE CONTEXT OF A TRIAL, ARBITRATION OR OTHER PROCEEDINGS AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, EXCEPT IN THE CASES SPECIFIED IN PARAGRAPH 9 OF THIS SECTION ABOVE. Instead, you and Bearwww agree that all Disputes shall be settled by arbitration under this Arbitration Agreement, except as otherwise provided in subsection 9 above. There is no judge or jury in arbitration, and judicial review of an arbitral award is subject to very limited review. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to appeal or review, determines that the limitations of this subsection, "Waiver of Certain Rights", are invalid or unenforceable to a particular claim or request for remedy (such as a public injunction request), you and Bearwww agree that this particular claim or request for remedy (and only this particular claim or request for remedy) is separate from the arbitration and may be pleaded before the state or federal courts located in the State of California. All other Disputes shall be subject to arbitration or settlement before the Small Claims Court. This subsection does not prevent you or Bearwww from participating in a class action settlement.
16. LIMITATION PERIOD FOR YOUR CLAIMS. You and Bearwww further agree that any Dispute between you, as detailed in this Arbitration Agreement, must be initiated by arbitration within the limitation period applicable to that claim or controversy, or it will be forever time-barred. Similarly, you agree that all applicable statutes of limitations apply to this arbitration in the same way that these statutes of limitations would apply before the competent court.
23. NOTICE AND DELETION POLICY.
1. Bearwww respects intellectual property rights and expects its users to do the same. Bearwww will immediately and without notice delete the accounts of users who have, according to Bearwww, committed "repeated offenses". A user who commits repeated infringements is a user who has been notified more than twice by Bearwww of violations for illegal activities or who has had his User Content removed more than twice from Bearwww Services. (Note that we also reserve the right to delete accounts for a single offense, in accordance with Section 8.)
2. If you are a copyright owner or an agent thereof, and you believe that content hosted by Bearwww Services infringes your copyright, you may submit a notice by providing the copyright agent designated by Bearwww with the following information in writing:
1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed;
2. identification of copyrighted works that have been infringed or, if multiple copyrighted works on the applicable Bearwww Services are covered by a single notice, a representative list of those works on the applicable Bearwww Services;
3. identification of documents that would undermine or would be the subject of unlawful activity and which must be removed or access to which must be disabled, and information reasonably sufficient to enable Bearwww to locate these documents;
4. information reasonably sufficient to enable Bearwww to contact the complaining party, such as an address, telephone number and, where appropriate, an email address by which the complaining party can be contacted;
5. a statement that the complaining party believes in good faith that the use of the documents in the manner complained of is not authorized by the copyright owner, its agent or the law (for example, "I believe in good faith that the use of the copyrighted content that is identified here is not authorized by the copyright owner, its agent or the law."); and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed (for example, "I swear, under penalty of perjury, that the information contained in this notice is accurate and that I am the owner of the copyright, or am authorized to act on behalf of the owner of the copyright that has allegedly been infringed by the aforementioned content. ").
3. The copyright agent designated by Bearwww to receive the claimed infringement notices can be contacted as follows:
For the attention of
Bearwww SAS: Email address of
the copyright agent:
contact@sturb.com
For clarity, only notices under this Section should be sent to the copyright agent designated by Bearwww. You acknowledge that if you do not comply with all the provisions of this Section 23, your copyright infringement notice (DMCA) may not be valid. Please note that under Section 512 (f) of the US Copyright Act, any person knowingly misrepresenting the unlawfulness of documents or an activity is liable to prosecution.
24. ADDITIONAL TERMS AND CONDITIONS FOR THE APPLE APP STORE.
The following additional terms apply to you if you use Bearwww Software from the Apple App Store. To the extent that the other terms of this Agreement are less restrictive than, or conflict with, the terms of this Section 24, the more restrictive or conflicting terms of this Section 24 apply, but only with respect to the Bearwww Software from the Apple App Store:
1. Acknowledgment. Bearwww and you acknowledge that this Agreement is made solely between Bearwww and you, and not with Apple, and that Bearwww, and not Apple, is solely responsible for the Bearwww Software and its content. To the extent that this Agreement provides usage rules for the Bearwww Software that are less restrictive than those set forth for the Bearwww Software in, or that conflict with, the Apple App Store Terms of Use, Apple's more restrictive or conflicting terms shall apply.
2. Scope of the license. The license of the Bearwww Software granted to you is limited to a non-transferable license to use the Bearwww Software on an iOS product that you own or control and in accordance with the rules of use set out in the terms of use of the Apple App Store.
3. Maintenance and support. Bearwww is solely responsible for providing maintenance and support services for the Bearwww Software, as specified in this Agreement (if applicable) or as required by applicable law. Bearwww and you acknowledge that Apple has no obligation to provide maintenance and support services for the Bearwww Software.
4. Warranty. Bearwww is solely responsible for all product warranties, whether express or implied by law, to the extent that they have not been excluded. In the event of non-compliance of the Bearwww Software with an applicable warranty, you can notify Apple and Apple will refund the purchase price of the Bearwww Software; and within the limitations stipulated by applicable law, Apple will have no further warranty obligations with respect to the Bearwww Software, and any other claim, loss, liability, damage, cost or expense attributable to non-compliance with a warranty will be entirely the responsibility of Bearwww.
5. Product Complaints. Bearwww and you agree that Bearwww, and not Apple, is responsible for responding to any claim that you, or a third party, make about the Bearwww Software or your possession or use of the Bearwww Software, including: (i) product liability actions; (ii) any claim that the Bearwww Software does not comply with applicable legal or regulatory standards; and (iii) claims under consumer protection legislation or similar legislation. This Agreement does not limit Bearwww's liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights. Bearwww and you acknowledge that, in the event of a claim by a third party that the Bearwww Software or your possession and use of the Bearwww Software infringes the intellectual property rights of that third party, Bearwww, and not Apple, will be solely responsible for the investigation, defense, settlement and cancellation of such a claim for infringement of intellectual property rights.
7. Name and address of the developer. Bearwww's contact information for all end-user questions, complaints or claims regarding the Bearwww Software is set forth in Section 27.8 below.
8. Terms of a Third Party Agreement. You must comply with the applicable terms of any third party agreement when using the Bearwww Software.
9. Third Party Beneficiary. Bearwww and you acknowledge and agree that Apple and its affiliates are third party beneficiaries of this Agreement and that, upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
25. SPECIAL CONDITIONS CONCERNING YOUR RIGHT OF CANCELLATION IN CERTAIN STATES.
The following provisions are added to this Agreement for Paid Subscription Users residing in Arizona, California, North Carolina, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, Ohio, Rhode Island, Wisconsin, and any other State whose laws may require notice of cancellation rights: You, the buyer, may cancel this Agreement or your subscription and request a refund, without penalty or obligation, at any time before midnight on the third business day for the seller of the original contract following the date of this Agreement, excluding Sundays and public holidays. To cancel this Agreement or subscription and request a refund, send or deliver a signed and dated notice stating that you, the buyer, cancel this Agreement or subscription, or terms having a similar effect. This notice must be sent to the following address with the email address or phone number used to create your Bearwww account:
To the attention of Bearwww SAS : Cancellations
68, rue de Turbigo
75003 PARIS
For subscriptions purchased on the Apple App Store or Google Play Store, you will also need to access your account in that store and follow the instructions to modify or cancel your subscription and, if applicable, obtain a refund.
In the event of death before the end of the period of your paid subscription, your estate will be entitled to a refund of the portion of the payment you made for your subscription for the period following your death. In the event of disability (confirmed in writing by a doctor and which would prevent you from using the paid subscription) before the end of the period of your paid subscription, you will be entitled to a refund of the portion of the payment you made for your subscription for the period following your disability, by notifying Bearwww at the same address as listed above.
26. SECURITY POLICY: Information on Bearwww's approach to security is available.
27. MISCELLANEOUS PROVISIONS.
1. Severability, waiver of the provisions of the Agreement. You and we agree that if any provision of this Agreement is held to be illegal, invalid or for any reason unenforceable, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions. A provision of this Agreement may only be waived by a written instrument signed by the party entitled to the benefit of this provision. The inability of a party to demand at any time the execution of any provision of this Agreement shall not affect the right of that party to require it at a later date. A waiver of a breach of any provision of this Agreement shall in no way constitute a continuing waiver of other breaches of that provision or other provisions of this Agreement.
2. Upgrades to the Agreement: The latest version of these Terms of Service will always be available at https://support.bearwww.com/security-privacy/terms-of-use and will govern your use of the Bearwww Services. Bearwww may revise this Agreement from time to time. If Bearwww determines, at its sole discretion, that the changes we make to this Agreement are important, we will notify you in advance (e.g. through the Application or by e-mail).
3. Notices. Bearwww may provide you with notices, including those relating to changes to this Agreement, by email or by posting on Bearwww Services. You hereby consent to the use of electronic communications. To give notice to Bearwww, you can do so through the physical and electronic addresses provided in Section 27.8 and such notice will be effective upon receipt.
4. Bearwww is the only party with assignment rights. You may not assign, but Bearwww can. This Agreement, and all rights and licenses granted herein, may not be transferred or assigned by you. However, Bearwww may at any time, and for any reason whatsoever, transfer or assign this Agreement and the obligations contained therein without restriction to a third party. You hereby acknowledge and agree that if another company acquires our company, our business or our assets, this transaction may include the sale or transfer of your User Content, and you accept such a transfer without any further action or confirmation.
5. Survival of provisions. The following Sections shall survive any termination of this Agreement or any termination of your use or subscription to the Bearwww Services: 1-4, 5.3, 5.4, 6-8, 10.6, 10.7, 11, 13-15, 16 (except 16.2), 17-24 and 27.
6. No Third Party Beneficiaries. The past, present and future affiliated companies of Bearwww (i.e. companies controlling, controlled by or under common control with Bearwww) are third-party beneficiaries of all rights, protections and benefits granted to Bearwww under this Agreement, including Section 22. In addition, Spotify AB is a third party beneficiary of this Agreement and our Privacy Policy and is authorized to directly enforce this Agreement. Otherwise, there are no third party beneficiaries of this Agreement.
7. Headings; Entire Agreement. References to headings herein are provided for convenience only. They are not part of this Agreement and should therefore not be construed as limiting or affecting any of its provisions. The word "including" means "including, but not limited to". This Agreement constitutes the entire agreement between you and us with respect to the subject matter above and may only be amended in writing with the agreement of both parties.
8. Our publications, your requests. The services provided under this Agreement are offered by Bearwww SAS, 68 rue de Turbigo 75003 PARIS, France. If you have any questions or complaints, you can contact us at the address above or at the following address: contact@sturb.com. California residents can reach the complaint assistance unit at the same address.
Special terms for international users
1. UNITED KINGDOM. The following conditions apply to you and replace the conflicting terms of this Agreement, if you are a resident of the United Kingdom, to the extent required by applicable law:
1. Cancellation within 14 days. You have the right to cancel your Premium Services for fourteen (14) days without cause. The withdrawal period will expire fourteen (14) days after your purchase of the Premium Services. If you have benefited from a free trial, the cancellation period will expire fourteen (14) days after the start of your free trial. To exercise your right to cancel your Premium Services during the fourteen (14) day withdrawal period, send us a clear notice at contact@sturb.com to inform us of your decision to cancel. You can use the standard cancellation form in Appendix I (B) of the Consumer Rights Directive. We will immediately acknowledge receipt of this cancellation by e-mail. To meet the cancellation deadline, simply send your notice of intent to exercise your right of withdrawal before the expiry of the withdrawal period. No separate termination fees are applied, but there is no refund, except as provided herein. We will refund an amount in proportion to the fees for the unused period of Premium Services. You will still be required to pay premium service fees for the period of your premium Services until you notify us of your cancellation (excluding any free trial period where no payment has been made) and we will not refund you for this part of your premium Services. We will proceed to the refund without undue delay, no later than fourteen (14) days after the date on which we were informed of your decision to terminate your Premium Services. We will issue the refund using the same method of payment that was used for the initial transaction, unless you have explicitly agreed otherwise.
2. Exceptions to limitations of liability. Nothing in this Agreement shall exclude or limit the liability of Bearwww (or its affiliates, contractors, subcontractors, directors, officers, employees, agents, third party suppliers or licensors) for death or personal injury resulting from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
3. ARBITRATION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY APPLICABLE REGULATION IN EACH EU MEMBER STATE), THE ARBITRATION AGREEMENT IN SECTION 22 DOES NOT APPLY TO YOU, BUT THE PROVISIONS OF SECTION 22.11 (JUDICIAL FORUM FOR JUDICIAL DISPUTES) APPLY, UNLESS REQUIRED BY LAW. PLEASE READ SECTION 22.11 CAREFULLY. The European Commission's online dispute resolution platform is available at the following address: ODR platform.
4. No prejudice to consumer rights. As a consumer, you will benefit from all mandatory provisions of the law of the country in which you reside. Nothing in these terms and conditions, including, without limitation, Section 22, affects your rights as a consumer to invoke such mandatory provisions of local law.
5. Local Jurisdiction. The local law of your jurisdiction may give you the right to have a dispute relating to this Agreement heard by your local courts, regardless of the terms of Section 22, in which we agree that all disputes not subject to the terms of Section 22 shall be heard by the courts located in Los Angeles, California, United States of America. This Agreement does not limit the rights you have, which apply regardless of the terms of any agreement you have entered into. But by entering into this Agreement or otherwise, Bearwww does not accept the jurisdiction of any court other than those mentioned in Section 22 and reserves the right to challenge that it is not subject to the jurisdiction of another court.
2. EUROPEAN UNION. The following conditions apply to you and supersede any conflicting provisions of this Agreement if you are an EU resident to the extent required by applicable law.
1. Cancellation within 14 days. You have the right to cancel your Premium Services for fourteen (14) days without cause. The withdrawal period will expire fourteen (14) days after your purchase of Premium Services. If you have benefited from a free trial, the cancellation period will expire fourteen (14) days after the start of your free trial. To exercise your right to cancel your Premium Services during the fourteen (14) day withdrawal period, send us a clear notice at contact@sturb.com to inform us of your decision to cancel. You can use the standard cancellation form in Annex I (B) of the Consumer Rights Directive. We will immediately acknowledge receipt of this cancellation by e-mail. To meet the cancellation deadline, simply send your notice of intent to exercise your right of withdrawal before the expiry of the withdrawal period. No separate termination fees are applied, but there is no refund, except as provided herein. We will refund an amount in proportion to the fees for the unused period of Premium Services. You will still be required to pay premium service fees for the period of your premium Services until you notify us of your cancellation (excluding any free trial period where no payment has been made) and we will not refund you for this part of your premium Services. We will proceed to the refund without undue delay, no later than fourteen (14) days after the date on which we were informed of your decision to terminate your Premium Services. We will issue the refund using the same method of payment that was used for the initial transaction, unless you have explicitly agreed otherwise.
2. Exceptions to limitations of liability. Nothing in this Agreement shall exclude or limit Bearwww's (or its affiliates, contractors, subcontractors, administrators, officers, employees, agents, third party suppliers or licensors) liability to the extent that it cannot be excluded or limited by applicable law.
3. ARBITRATION MAY NOT APPLY TO YOUR CASE.
1. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATION IN EACH EU MEMBER STATE), THE ARBITRATION AGREEMENT IN SECTION 22 WILL NOT APPLY TO YOU, BUT THE PROVISIONS OF SECTION 22.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, UNLESS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 22.11 CAREFULLY. The European Commission's online dispute resolution platform is available at the following address: ODR Platform.
2. DISPUTE RESOLUTION PROCEDURE: DISPUTE RESOLUTION UNDER THE DIGITAL SERVICES ACT (DSA) MAY APPLY TO YOU IN CERTAIN CIRCUMSTANCES IF YOU ARE A RECIPIENT OF BEARWWW SERVICES AND IF YOU ARE LOCATED IN THE EUROPEAN UNION. TO VIEW OUR OUT-OF-COURT DISPUTE RESOLUTION PROCEDURE, PLEASE CLICK HERE.
4. No prejudice to consumer law. As a consumer, you will benefit from all mandatory provisions of the law of the country in which you reside. Nothing in these Terms, including, without limitation, Section 22, affects your Rights as a consumer to invoke such mandatory provisions of local law.
5. Local Jurisdiction. The local law of your jurisdiction may give you the right to have a dispute relating to this Agreement heard by your local courts, regardless of the terms of Section 22, in which we agree that all disputes not subject to the terms of Section 22 shall be heard by the courts located in Los Angeles, California, United States of America. This Agreement does not limit the rights you have, which apply regardless of the terms of any agreement you have entered into. But by entering into this Agreement or otherwise, Bearwww does not accept the jurisdiction of any court other than those mentioned in Section 22 and reserves the right to challenge that it is not subject to the jurisdiction of another court.
3. SPAIN. In addition to the conditions set out above for EU residents, and replacing the conflicting conditions of this Agreement, the following conditions apply to you if you are a Spanish resident to the extent required by applicable law:
1. Language. The Spanish version of this Agreement shall prevail.
2. Modifications. Bearwww will notify you of any relevant modification of the Services or Guidelines, as well as any modification made to these conditions.
3. Renewals. Bearwww (directly or through an Application Platform) will notify you in advance of the renewal date of the Premium Services subscription and the trial subscription before debiting your credit or debit card.
4. Moral Rights. Your moral rights to your User Content will not be assigned or waived.
4. PORTUGAL. In addition to the terms set forth above for EU residents, and replacing the conflicting terms of this Agreement, the following terms apply to you if you are a Portuguese resident to the extent required by applicable law:
1. Language. The Portuguese version of this Agreement shall prevail.
2. Modifications. Bearwww will notify you of any relevant modification of the Services or the Guidelines, as well as any modification made to these terms.
3. Renewals. Bearwww (directly or through an Application Platform) will notify you in advance of the renewal date of the Premium Services subscription and the trial subscription before debiting your credit or debit card.
4. Moral rights. Your moral rights to your User Content will not be assigned or waived.
5. GERMANY. The following conditions apply to you, and replace the conflicting conditions of this Agreement, if you are a German resident to the extent required by applicable law:
1. Consent to data deletion. You understand that by using the Bearwww Services, you consent to the deletion of your data (e.g. your chat messages) to other users as soon as they are delivered.
2. Limitations of Liability. The following text applies in lieu of any conflicting or inconsistent wording of the Terms:
1. We are exclusively liable as follows: We are liable without limitation in accordance with the statutory provisions (i) for damages resulting from injury to life, limb or health; (ii) in case of intent; (iii) in case of gross negligence; and (iv) in accordance with the Product Liability Act. Ohne dass dies das Vorstehende einschränkt haften wir für leichte Fahrlässigkeit nur im Falle der Verletzung einer "wesentlichen" Pflicht aus diesem Vertrag. "Essential" obligations in this sense are obligations that are necessary for the fulfillment of the contract, the violation of which would jeopardize the achievement of the contractual purpose, and on the observance of which you may regularly rely. In these cases, the liability is limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence.
2. Insofar as the liability of Bearwww is excluded or limited according to the above provisions, this also applies to the liability of Bearwww for its legal representatives, employees and agents.
3. This limitation of liability shall survive the end of the contractual relationship with you and Bearwww as well as the duration of your use of Bearwww services.
3. Price increase. Notwithstanding Section 7, we will not increase rates and will only modify the Services to the extent permitted by German law.
4. No compensation. Section 18 does not apply to you.
5. Termination. Bearwww may only delete your account if you fail to comply with this Agreement or break the law. Bearwww will send you the refunds required by German law in case of deletion. We will issue the refund using the same payment method as used for the original transaction, unless you have explicitly agreed otherwise.
6. Moral rights. Your moral rights to your User Content will not be assigned or waived.
6. CANADA. The following conditions apply to you and supersede the conflicting conditions of this Agreement if you are a Canadian resident to the extent required by applicable law:
1. Dispute resolution. Sections 22 (Arbitration) and/or 22.15 (Waiver of Class Action) will not apply to you if such provision is inapplicable to the provisions of the law of your Province of residence. Section 22.11 will continue to apply in all such cases.
2. Termination Rights. Residents of certain provinces may have the right to terminate Premium Services in accordance with applicable local laws. Bearwww will honor these termination rights.
7. AUSTRALIA. The following terms apply to you and replace the conflicting terms in this Agreement if you are an Australian resident to the extent required by applicable law:
1. Transmission of personal information abroad. By accepting the transfer and processing of your data in the United States of America and in any other jurisdiction in the world, you acknowledge that other jurisdictions (including the United States of America) may not have privacy protection equivalent to the Privacy Act 1988 (Cth). You may have no recourse against Bearwww because neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.
2. Reverse Engineering. The restriction on modifying, disassembling, decompiling or reverse engineering the Bearwww Services is subject to your rights under Part III Div 4A (“Acts Not Constituting Copyright Infringement of Computer Programs”) of the Copyright Act 1968 (Cth).
3. Consumer guarantees. Bearwww's liability for non-compliance with any consumer guarantee under Part 3-2 Div 1 of the Australian Consumer Law is limited to:
1. in the case of goods, the replacement of goods or the supply of equivalent goods (or payment of the cost of replacement or supply), or the repair of goods (or payment of the cost of repair); and
2. in the case of services, the re-provision of services or payment of the cost of the re-provision of services.
8. ARGENTINA. The following conditions apply to you and supersede any conflicting terms of this Agreement if you are an Argentine resident to the extent required by applicable law:
1. Termination within the 10-day withdrawal period. You have the right to terminate your Premium Services within ten (10) days without cause. The withdrawal period will expire ten (10) days after your purchase of the Premium Services. If you have benefited from a free trial, the cancellation period will expire ten (10) days after the start of your free trial. To exercise the right to cancel your Bearwww Services during the cancellation period of ten (10) days, you must inform us at contact@sturb.com of your decision to cancel by a clear statement. We will immediately acknowledge receipt of this cancellation by email. To meet the cancellation deadline, simply send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period. No separate termination fees are applied, but there is no refund, except in the cases provided herein. We will refund an amount in proportion to the cost of premium services for the unused period. You will still be required to pay the Premium Services fee for the period of your Premium Services until you notify us of your cancellation (excluding any free trial period where no payment was made) and we will not refund you for this part of Your Premium Services. We will proceed to the refund without undue delay. We will issue the refund using the same payment method as used for the original transaction, unless you have explicitly agreed otherwise.
2. Notice and Deletion Policy. If you are a resident of Argentina, the notification and withdrawal policy in Section 23 will not apply to you. Instead, if you believe that content hosted on a Bearwww Service is harmful to you and could be considered manifestly unlawful, you may send a notice to Bearwww indicating the content in question and providing a document proving your identity, as well as details of the damage caused by the content. Bearwww will analyze the request and if the content is manifestly illegal (for example, child pornography, data that incites crime, references to a crime or race, etc.), Bearwww will delete it. Any other content causing damage, but which cannot be considered manifestly illegal, will not be removed by Bearwww unless you provide a court order requiring the removal of the content in question. Any notification of any kind for these purposes should be sent to contact@sturb.com.
9. BRAZIL. The following conditions apply to you, and replace the conflicting conditions of this Agreement, if you are a Brazilian resident to the extent required by applicable law:
1. Right of withdrawal. You have the right to cancel your Bearwww Services for seven (7) calendar days without cause. The withdrawal period will expire seven (7) calendar days after your purchase of Bearwww Services. To exercise the right to cancel your Bearwww services during the cancellation period of seven (7) days, you must inform us at contact@sturb.com of your cancellation decision using a clear statement. We will immediately acknowledge receipt of this termination by email. To meet the cancellation deadline, simply send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period. We will refund all amounts you have paid. We will issue the refund without undue delay, as soon as possible after the date on which we were informed of your decision to cancel. We will issue the refund using the same method of payment that was used for the initial transaction, unless you have explicitly agreed otherwise.
2. Arbitration will not apply to your case. Any dispute proceedings arising from this Agreement shall be resolved by a court of competent jurisdiction at the location of the User concerned.
3. Notice of deletion of sensitive or private content. In the event of unauthorized disclosure of your images, videos, photos or any other document belonging to you and containing private scenes of nudity or sexual nature, Bearwww undertakes to take all necessary measures, to the extent applicable to our technical services, to remove the referenced content diligently and as soon as possible, provided that you notify us of the offense in question by identifying and specifying the content that was the subject of the offense. In addition, if you witness inaccurate, offensive, indecent or objectionable content from other users, you can inform us of this content so that we can take appropriate action to remove it, to the extent applicable.
4. Application of Brazilian law. You and we agree that Brazilian law also applies to this Agreement, in particular with respect to the rights to privacy, the protection of personal data and the secrecy of private communications and newspapers. You and we agree to comply with all applicable Brazilian laws.
5. Retention of records of Your account. We will maintain the confidentiality of the application logs, in a controlled and secure environment, for six (6) months from your subscription date, in accordance with applicable Brazilian law. We reserve the right to disclose application logs and/or any other records of your account, including private communications, in order to comply with court decisions.
6. Billing of fees. Whenever we decide to charge you for part or all of the Bearwww Services, a message will be displayed within the Bearwww Services, so that you can either (i) approve the service concerned and the corresponding fees, in which case you will be asked to provide the details of your credit card; or (ii) refuse the service concerned and continue to use the part of the Bearwww Services that is free.
7. Limitation of Liability. The provisions relating to the limitation of liability established under this Agreement may, as a general rule, not apply to your case, because the obligation to compensate is a rule of public order in Brazil. You and we understand that Brazilian law does not allow compensation for consequential damages, but only the actual losses and lost profits that they generate directly and immediately.
8. Limitation period for your claims. The provisions of this Agreement relating to the limitation period may not apply to you if the Brazilian law in force establishes a different or specific time limit for a particular claim. In this case, you will be subject to the specific statute of limitations provided for by the Brazilian law in force.
9. Amendments to this Agreement. We reserve the right to change, at our sole discretion, any provision of this Agreement at any time and for any reason, with or without your prior approval. You will be notified of these changes.
10. INDIA. The following terms apply to you, and supersede any conflicting terms of this Agreement, if you are an Indian resident to the extent required by applicable law.
1. Removal of certain obscene or offensive content. Any resident of India, or any person acting on behalf of such resident, has the right to report and request the prompt removal of any content showing or depicting such person in total or partial nudity or in a sexual act or behavior, or which in any way impersonates that person. Any such content may be reported to Bearwww by contacting the Bearwww Grievance Officer (Mr. Brace) by email at help.india@bearwww.com.
2. Government Assistance. Any staff member of the Indian government or any authorized agency may report and request the removal of illegal information, or report and request assistance from Bearwww in connection with an investigation into cyber incidents or other offenses, by contacting Bearwww's Grievance Officer (Mr. Brace) by email at contact@sturb.com .
3. Prohibited Conduct and Uses. In addition to the prohibited conduct and uses set forth in Section 9.3, and for the avoidance of doubt, you are not authorized to host, display, download, modify, publish, transmit, store, update or share any information that:
1. belongs to another person and constitutes information to which the user has no right; is defamatory, obscene, pornographic, pedophile, infringes the privacy of others, including bodily privacy, insulting or harassing on the basis of sex, defamatory, racially or ethnically objectionable, concerning or encouraging money laundering or gambling, or otherwise incompatible or contrary to any law in force;
2. is harmful to a child;
3. infringes any patent, trademark, copyright or other proprietary rights;
4. violates any applicable law;
5. deceives or misleads the recipient as to the origin of the message or knowingly and intentionally communicates any information that is manifestly false or misleading in nature, but which may reasonably be perceived as a fact;
6. impersonates another person;
7. endangers the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States or public order, or incites the commission of a punishable offense, or prevents the investigation of an offense, or is insulting to another nation;
8. contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of a computer resource; and/or
9. is manifestly false and misleading, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause harm to any person.
4. Grievance mechanism and grievance officer. Please note that you or any other person may submit a complaint or grievance regarding any violation of this Agreement or the Community Guidelines, including any prohibited conduct or use, or any other matter related to the Bearwww Services, including a response to any alleged violation of this Agreement or the Community Guidelines, by contacting the Bearwww Grievance Officer (Mr. Brace) by email at contact@sturb.com. In addition, you or any other person may also submit such a complaint or grievance directly within Bearwww Services or by e-mail to contact@sturb.com. When submitting a complaint or grievance, please provide all the details that could help Bearwww to resolve the complaint or grievance. Bearwww will acknowledge receipt of the complaint or grievance and resolve it within the time limits set by applicable law.
5. Termination of the account. Please note that Bearwww reserves the right, at its sole discretion, to terminate the account or access of any user of the application who is the subject of repeated infringement notifications.
6. Changes. Bearwww will inform its users of any changes to these Terms of Service by posting them on the website. If you have registered on Bearwww, we will describe the changes to these Terms of Service in an email and send it to the email address associated with your account.
11. ISRAEL. The following conditions apply to you and supersede the conflicting terms of this Agreement if you are a resident of Israel, to the extent required by applicable law:
1. Cancellation rights. You have the right to cancel your Premium Services within fourteen (14) calendar days without giving any reason. The cancellation period will expire after fourteen (14) calendar days from your purchase of Premium Services. To exercise your right to cancel your Premium Services during the fourteen (14) day withdrawal period, send us a clear notice at contact@sturb.com to inform us of your decision to cancel. We will immediately acknowledge receipt of this termination by e-mail. To meet the cancellation deadline, simply send your communication regarding your exercise of the right of withdrawal before the expiry of the withdrawal period. We will immediately acknowledge receipt of this cancellation by email. To meet the cancellation deadline, simply send your notice regarding your exercise of the right of withdrawal before the expiration of the withdrawal period. No separate termination fees are applied, but there is no refund, except as provided herein. We will refund an amount in proportion to the fees for the unused period of Premium Services. You will still be required to pay premium service fees for the period of your Premium Services until you notify us of your cancellation (excluding any free trial period where no payment has been made) and we will therefore not refund you for that part of your Premium Services. We will proceed to the refund without undue delay, no later than fourteen (14) days after the date on which we were informed of your decision to terminate your Premium Services. We will issue the refund using the same method of payment that was used for the initial transaction, unless you have explicitly agreed otherwise.
12. SOME OTHER JURISDICTIONS WITH CANCELLATION RIGHTS. The following conditions apply to you and replace the conflicting conditions of this Agreement if you are a resident of a jurisdiction whose laws may require notification of cancellation rights, to the extent that applicable law requires:
1. Cancellation Rights. Residents of certain jurisdictions may have the right to cancel this Agreement as required by local law. Bearwww will honor these termination rights.
Effective date: 01/15/2025 or acceptance by the user, whichever comes first.