Welcome to Beeshaper.com, an online community designed to harness consumer's passions to utilize, understand and measure naturally occurring word of mouth (WOM). The Beeshaper.com website (the "Site") and the services offered on or via the Site from time to time (the "Services") are offered and operated by Buzz Solution Inc. By using the Beeshaper Site you agree to be bound by these Terms of Service (this "Agreement"). Use of the site includes simply acting as a visitor (meaning someone who browses pages on the Site without registering) or registering as a member of the Beeshaper community (a "Buzzer") and partaking in the activities offered to Buzzers. You are only authorised to access this Site or to use the Services, including materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you wish to make use of the Site and Services offered by Beeshaper from time to time, including, without limitation, "Campaigns" read this Agreement and reaffirm your acceptance during the registration process. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the Service immediately.
1. Eligibility and Responsibility.
You must be 18 years of age or older to visit or use the Site in any manner and have a valid e-mail address to register. By using the Site, you represent and warrant that you are 18 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms, and that you will use the Site solely for your personal, in a manner consistent with any and all applicable laws and regulations. You agree to abide by the Code of Conduct. You must not resell or assign your rights or obligations under this Agreement. In registering on the Site, you will be establishing an account (an "Account"). You must not create multiple Accounts or Accounts using false or someone else's personal information.
This Agreement will remain in full force and effect while you use the Site and/or are a Buzzer. You may terminate your participation in the Beeshaper community at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. Beeshaper may terminate you as a Participant for any reason, at any time. Even after your participation is terminated, this Agreement will remain in effect.
3. Use by Users.
The Services are for personal use, which may involve promotional purposes as well, but direct commercial endeavours may only be used if they are specifically endorsed or authorised by Beeshaper. Beeshaper reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorised use of the Services, including collecting usernames, user id numbers, and/or email addresses of Participants by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Unauthorised commercial advertisements affiliate links, and other forms of unauthorised solicitation may be removed from images, videos without notice or explanation and may result in termination of Participant privileges. Beeshaper reserves the right to take appropriate legal action for any illegal or unauthorised use of the Services. Participation is open to individuals and to corporations or other legal entities. Each individual who enrolls is responsible for any information provided and for updating any such information to insure its accuracy. Receipt of inaccurate or misleading information will adversely affect the ability of Beeshaper to effectively run the campaigns and provide services to Beeshaper and its clients. In this regard, Beeshaper reserves the right to terminate a Beeshaper if misleading or intentionally incorrect personally identifiable information is provided.
4. Restricted countries.
Buzzers CANNOT allow use of this Service and login, username and other data related to this service to other persons in other jurisdictions, including any of the sanctioned countries by OFAC: Belarus, Burma (Myanmar), Cote d’Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, Liberia (former Liberian Regime of Charles Taylor), Lebanon, Libya, North Korea, Somalia, Sudan, Syria, Zimbabwe.
5. Prohibited businesses.
By registering on the Service, you are confirming that you will not use it in connection with the following businesses, business activities or business practices: engaging in deceptive marketing practices, age restricted products or services, bail bonds, bidding fee auctions, check cashing, counterfeit goods, currency exchanges or dealers, drug paraphernalia, extended warranties, fortune tellers, “get rich quick” schemes; gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services), illegal products or services, mail-order brides, marijuana dispensaries and related businesses, money transmitters or money service businesses, multi-level marketing or pyramid schemes, online or other non-face-to-face pharmacies or pharmacy referral services, pseudo pharmaceuticals, sexually-oriented or pornographic products or services, substances designed to mimic illegal drugs, telemarketing, online or other non-face-to-face tobacco or e-cigarette sales, weapons and munitions, terroristic or other illegal organizations, virtual currency that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, selling video game or virtual world credits, selling social media activity, such as Twitter followers, Facebook likes or Youtube views, any product or service that infringes upon the copyright, trademark or trade secrets of any third party, or any product, service or activity that is deceptive, unfair, predatory or prohibited by General Laws.
When you sign up to become a Buzzer, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Buzzer at any time or to disclose your password to any third party. You agree to notify Beeshaper immediately if you suspect any unauthorised use of your Account or access to your password. You are solely responsible for any and all use of your Account.
7. Proprietary Rights in Submitted Content on the Site.
Beeshaper does not claim any ownership rights in your Submitted Content, except in regards to Reports as per the terms below. By posting the Submitted Content on or through the Services, you hereby grant to Beeshaper, its affiliates, partners and clients and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, copy, modify, publicly perform, publicly display, reformat, translate and excerpt (in whole or in part) such Submitted Content, and to grant and authorize sublicenses of the foregoing to its affiliates, partners and clients including the advertisers of specific brands or products being discussed (the "Advertisers") for display via third party websites or applications (for example, an Advertiser sublicense Submitted Content to repurpose on its own or other third party website). After you remove your Submitted Content from the Site, Beeshaper will cease public distribution via the Site as soon as practicable. However, nothing herein shall be deemed to terminate or impact the use rights granted by Beeshaper to third parties regarding such Submitted Content prior to such removal. Moreover, to the extent that you post original communications regarding word of mouth activities ("Reports") or other textual content on the Site, you hereby assign and all rights to the User Comments to Beeshaper and Beeshaper, its designees, licensees or assignees will be free to use, copy, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate the User Comments in other works in any media, with such rights extending to all data, images, sounds, text and other things embodied therein for any and all commercial or noncommercial purposes. If you do not wish to grant such rights to Beeshaper, do not submit content to the Sites and via your social media channels.
8. Protecting Copyrights and Other Intellectual Property.
Beeshaper respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Beeshaper has the right to terminate the Account of infringers.
If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send Beeshaper 's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf; and (f) your physical or electronic signature. Beeshaper 's Copyright Agent for notification of claimed infringement can be reached by e-mail to email@example.com. Beeshaper provides certain tools and technologies to help facilitate copyright owners' control over their copyrighted works.
9. Beeshaper Content.
The contents of the Services, the Site, and of all other websites under Beeshaper 's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other content, excluding any Submitted Content (collectively, "Beeshaper Content") and the compilation (meaning the collection, arrangement and assembly) of all Beeshaper Content, are protected under both United States and foreign copyright, trademark and other laws. As between you and Beeshaper, the Services and the Beeshaper Content shall remain Beeshaper 's exclusive property. Beeshaper hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Beeshaper Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services. You must retain all copyright, trademark, service mark and other proprietary notices contained in Beeshaper Content on any permitted copy you make of Beeshaper Content. Except as provided below, you may not sell or modify Beeshaper Content or reproduce, display, publicly perform, distribute or otherwise use Beeshaper Content in any way for any public or commercial purpose. The use of Beeshaper Content on any other web site for any other purpose is prohibited.
10. Beeshaper Copyrights and Trademarks.
All materials included on the Site including but not limited to text, design, graphics, interfaces or code, and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of Buzz Solution, Inc. or its clients, unless otherwise noted or attributed. Text excerpts, diagrams, logos or other information may be quoted within the content of this site, and the respective copyright holders retain their rights to this material. You may download, view, e-mail, copy and print materials and graphics incorporated in the documents from this Site subject to the following: (1) the documents may be used solely for involvement in activities offered on the Site or personal, informational, non-commercial purposes; and (2) the materials may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any Beeshaper Content from the Site in whole or in part without the prior written permission of Beeshaper.
11. Security Rules.
You must use the Services in a manner consistent with any and all applicable laws and regulations. Prohibited Content includes, but is not limited to, content that, in the sole discretion of Beeshaper:
- criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid schemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
- advertising to, or solicitation of, any user to buy or sell any products or services through the unauthorised or impermissible use of the Services
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services
- forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network
- interfering with the access of any User, host or network to the Site
- covering or obscuring the banner advertisements on your personal profile page, or any Beeshaper page via HTML/CSS or any other means
- including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Submitted Content which is unrelated to the immediate aesthetic nature of the Submitted Content
- any automated use of the system, such as, but not limited to, using scripts to send images or videos
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services
- impersonating or attempting to impersonate another User, person or entity
- using the Account, username, or password of another Participant at any time or disclosing your password to any third party or permitting any third party to access your Account
- selling or otherwise transferring your profile
- any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same
- an unauthorised commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorised or impermissible use of the Services on behalf of that person or
- deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Submitted Content except your own Submitted Content
- using any meta tags or other hidden text or metadata utilizing a Beeshaper name, trademark, URL or product name without Beeshaper 's express written consent
- attempting to probe, scan or test the vulnerability of any Service or breach any security or authentication measures
- collecting or store personal data about other users without their express permission
- impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud their express permission
- using the Services in a manner inconsistent with any and all applicable laws and regulations; or
- violating the Site's system or network security.
Beeshaper will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Participants who are involved in such violations. Beeshaper reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Account, Profile and Submitted Content from Beeshaper and the immediate termination of, and termination of Beeshaper services and the services of other Beeshaper sites to you, upon any breach by you of these Terms or if Beeshaper is unable to verify or authenticate any information you submit to Beeshaper or any other Beeshaper site.
12. The Company's Liability.
Beeshaper is only a venue and Beeshaper does not screen or censor the Profiles or Submitted Content offered. The Submitted Content on this Site does not necessarily reflect the opinions or ideals of Beeshaper, its clients or their employees, affiliates or the Advertisers. Beeshaper (a) does not represent or warrant the accuracy of any statement or product claims made here, (b) is not responsible for any such content on this site, and (c) does not endorse any opinions expressed on this fan page. We are under no legal obligation to, and generally do not, control the Submitted Content or information provided by other Participants that is made available through the Site or the Services. Profiles and third-party applications created and posted by users on the Site may contain links to other websites. When you access these third-party sites, you do so at your own risk. Beeshaper takes no responsibility for third-party links, applications or services that are posted on or through the Site or Services, nor does it take any responsibility for the goods or services provided by its Advertisers or third party websites or applications. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site or the Services.
Because Participant authentication on the Internet is difficult, Beeshaper cannot and does not confirm that each Participant is who they claim to be. Because we do not and cannot be involved in Participant-to-Participant dealings or control the behavior of participants on any Beeshaper Site, in the event that you have a dispute with one or more Participants, you release Beeshaper (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Services are provided "AS-IS" and as available and expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Beeshaper may provide links to other websites or resources of possible interest to Buzzers. When you access these third-party websites or otherwise use or rely on such content, you do so at your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that Beeshaper is not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
13. Disclaimer of Consequential Damages.
IN NO EVENT SHALL BEESHAPER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY BEESHAPER SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability.
Beeshaper, its directors, officers, employees, clients, agents and affiliates shall not be liable for any damages, special, consequential or otherwise, arising out of, or in any way connected with your participation in the program, the use of information provided by you in connection with the Services, any statements made by you, or the merchandise or services obtained by you through points, rewards or other special offers or perks redeemed or otherwise exercised by you under the program. Beeshaper disclaims any liability or obligation in connection with any points, rewards or special offers (including without limitation discounts or coupons) offered by third parties through the Beeshaper website.
Some jurisdictions limit the exclusion of damages or limitation of liability, so the above exclusions and limitations may not apply to you. If any part of the exclusions of damages or limitation of liability set forth above is unenforceable under applicable law, Beeshaper and its affiliates' aggregate liability will be limited to the maximum extent permitted by law.
17. Disputes Among Buzzers.
You are solely responsible for your interactions with other Beeshaper Buzzers. Buzz Solution Inc. reserves the right, but has no obligation, to monitor disputes between you and other Buzzers.
18. Import and Export Restrictions.
This Site is controlled and operated by Beeshaper from its offices within and outside the United States. Beeshaper makes no representation that the products, services and other materials available through this Site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal or prohibited.
19. Right to be Removed from Programs.
Beeshaper reserves the right, in its sole discretion, to determine who shall be eligible to participate in any of the campaigns or other programs offered from time-to-time on the Site. Further, Beeshaper may, at its discretion, remove a participant from a "Campaign" or any other program at any time for any reason. If you are removed you will be contacted via e-mail.
You acknowledge that Beeshaper reserves the right to charge for any portion of the Site or the Services and to change its fees. If Beeshaper terminates your Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Buzzers will be paid for their activities on a monthly basis according to their results, overall contribution and Index Score exclusively via partnership paying service. Buzzers will provide all needed paying details according to Payout Instruction document received by Beeshaper trough registration process. Should you have any questions regarding payout model, please contact us via firstname.lastname@example.org
22. Contact with Participants.
Beeshaper will periodically contact Buzzers of the Beeshaper community with information, updates and special offers and to provide feedback via e-mail. While Beeshaper makes all reasonable effort to review and edit each communication, Beeshaper shall not be held responsible in the event of any inaccuracies. Should you have any questions or complaints regarding your Index Score, please contact us.
23. Polls, Surveys, and Sweepstakes.
24. Activity-based Benefits.
Beeshaper will grant Buzzers certain privileges and benefits based on a Buzzer's level of activity in the various Beeshaper "Programs" in which he or she participates, including Campaigns. Buzzers with high levels of activity (high Index Score) and involvement in a Program may receive access to special Campaign previews, Campaign pre-registration, and enhanced product and earnings. Beeshaper will determine which, if any, benefits a Participant is eligible to receive in its sole discretion.
25. Right to Offer Campaigns to Select Participants.
"Campaigns" will be offered to participants based on various demographic and psychographic parameters and "Index Score" in the Beeshaper system. Determinations regarding which participants may be offered "Campaigns" from time-to-time shall be at the sole discretion of the Beeshaper. If Beeshaper determines that you are eligible to participate in the "Campaign," you will have the ability to join the "Campaign" on the Campaigns. You Can Join section of the Beeshaper Site. You may also be contacted directly via e-mail when a "Campaign" is launched.
You agree to indemnify and hold Beeshaper, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third-party due to or arising out of your participation in the Program, use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
27. Comments, Complaints and Questions.
28. Legal Compliance and Applicable Law.
29. Notices and Legal Disclaimer.
Beeshaper from time to time may send you legal or other required notices. You agree that Beeshaper may provide to you required notices, agreements and other information electronically. We will post the notices on the home page of the Site or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information may be changed or updated without notice. Buzz solution, Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
30. Charitable Contributions.
From time to time, Beeshaper may offer you the opportunity to select a charity to which Beeshaper will donate a time and service as contribution ("Donations"). Participating in the program is subject to this Agreement. Beeshaper can disqualify you from the program if Beeshaper believes you are not complying with this Agreement or if you are suspected of engaging in activities that Beeshaper deems as unlawful or contrary to the goals of the program.