Last Updated: October 2022
Terms & Conditions
This website and any mobile
application (collectively, this "Site") is owned by [BeinSport.me]
("We", "Us" or "[BeinSport.me]"). We are
providing you with access to this Site and our online store (together, our
"Services") subject to the following terms and conditions. By
browsing, accessing, using, registering for or purchasing merchandise on this
Site, or otherwise using our Services, you are agreeing to all of the following
terms and conditions, including any policies referred to herein (collectively,
these "Terms"). So, please read these Terms carefully. We reserve the
right to change this Site and these Terms at any time. If you are unwilling to
be bound by these Terms, you should not browse, access, use, register for, or
purchase merchandise from the Site. You represent and warrant that you are at
least 18 years old or visiting this Site under the supervision of a parent or
guardian.
Privacy Policy
Our Privacy Policy, which also
governs your visit to Our Site, can be found at [PrivacyPolicy]. Please review our Privacy Policy for information on how We
collect, use and share information about our users.
Use of This Site
Subject to your compliance with
these Terms, We grant you a limited, non-exclusive, non-transferable,
non-sublicensable license to access and make personal, non-commercial use of
this Site. This license grant does not include: (a) any resale or commercial
use of this Site or content therein; (b) the collection and use of any product
listings or descriptions; (c) making derivative uses of this Site and its
contents; or (d) use of any data mining, robots, or similar data gathering and
extraction methods on this Site. You may not use, frame, or utilize framing
techniques to enclose any of Our trademark, logo, content or other proprietary
information (including the images found at this Site, the content of any text
or the layout/design of any page or form contained on a page) without Our
express written consent. Further, you may not use any meta tags or any other
"hidden text" utilizing Our name, trademark, or product name without
Our express written consent. Any breach of these Terms shall result in the
immediate revocation of the license granted in this paragraph without notice to
you. You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the homepage of this Site so long as the link does not portray Us
or Our products or services in a false, misleading, derogatory, or otherwise
offensive matter. This limited right may be revoked at any time. You may not
use any of Our logos or other proprietary graphics or trademarks as part of the
link without express written permission.
Account
In order to access some features
of this Site, you may be required to register and We may assign to you, or you
may be required to select, a password and username or account identification.
If you register, you agree to provide Us with accurate and complete
registration information, and to inform us immediately of any updates or other
changes to such information. You are solely responsible for protecting the
security and confidentiality of the password and identification assigned to
you. You shall immediately notify Us of any unauthorized use of your password
or identification or any other breach or threatened breach of this Site's
security. Each time you use a password or identification, you will be deemed to
be authorized to access and use the Site in a manner consistent with these
Terms, and We have no obligation to investigate the authorization or source of
any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL
ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION
ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND
USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL
COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT
LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When you use this Site, or send
emails to Us, you are communicating with Us electronically. You consent to
receive communications from Us electronically. We will communicate with you by
email or by posting notices on this Site or through our other services. You
agree that all agreements, notices, disclosures, and other communication that We
provide to you electronically satisfy any legal requirements that such
communications be in writing. User Content This Site may include features and
functionality ("Interactive Features") that allows users to create,
post, transmit, or store any content, such as text, music, sound, photos,
video, graphics, or code on the Sites ("User Content"). User Content
is publicly-viewable and may include your profile information and any content
you post pursuant to your profile, but it does not include your account information
or information you submit in order to make a purchase. You agree that you are
solely responsible for your User Content and for your use of Interactive
Features, and that you use any Interactive Features at your own risk. By using
any Interactive Areas, you agree not to post, upload to, transmit, distribute,
store, create, or otherwise publish or send through the Sites any of the
following:
● User Content that is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing,
threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
● User Content that would
constitute, encourage, or provide instructions for a criminal offense, violate
the rights of any party or that would otherwise create liability, or violate
any local, state, national, or international law;
● User Content that displays,
describes, or encourages usage of any product We sell in a manner that could be
offensive, inappropriate, or harmful to Us or any user or consumer;
● User Content that may impinge
upon or violate the publicity, privacy, or data protection rights of others,
including pictures, videos, images, or information about another individual
where you have not obtained such individual's consent;
● User Content that makes false or
misleading statements, claims, or depictions about a person, company, product,
or service;
● User Content that may infringe
any patent, trademark, trade secret, copyright, or other intellectual or
proprietary right of any party;
● User Content that impersonates
any person or entity or otherwise misrepresents your affiliation with a person
or entity; and
● Viruses, malware of any kind,
corrupted data, or other harmful, disruptive, or destructive files or code.
Rights in User Content
Except as otherwise provided in
these Terms, on this Site or in a separate agreement with Us, We claim no
ownership or control over any User Content. However, by submitting or posting
User Content on this Site, you grant to Us a nonexclusive, royalty-free,
worldwide, perpetual, irrevocable, transferable, and fully sublicensable right
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, and display such User Content on this Site and on
third-party sites and mobile applications and in all other media or formats,
whether currently known or hereafter developed, for any purpose and without any
compensation to you. You also grant users of this Site the right to access your
User Content in connection with their use of this Site. By posting User Content
to this Site, you represent and warrant that (a) such User Content is
non-confidential; (b) you own and control all of the rights, title, and
interest in and to the User Content, or you otherwise have all necessary rights
to post and use such User Content to this Site and to grant to Us the rights
that you grant in these Terms; (c) the User Content is accurate and not
misleading or harmful in any manner; and (d) the User Content, and your use and
posting thereof in connection with this Site, do not and will not violate these
Terms or any other of Our applicable terms, guidelines, or policies or any
applicable law, rule or regulation.
Feedback
Separate and apart from User
Content, you may have the ability to submit questions, comments, suggestions,
reviews, ideas, plans, designs, notes, proposals, drawings, original or
creative materials, and other information regarding this Site, Us, and our
products or services (collectively "Feedback"). You agree that
Feedback is non-confidential and shall become Our sole property. We shall own
exclusive rights, including all intellectual property rights, in and to such
Feedback and shall be entitled to the unrestricted use and dissemination of the
Feedback for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you
agree not to allow any other individual or entity using your password and
identification to):
● download, modify, reproduce,
adapt, translate, reverse engineer, create derivative works based upon,
publicly display, sell, rent, license, or in any way commercially exploit any
portion of this Site, except and to the extent expressly permitted under these
Terms;
● remove any copyright,
trademark, or other proprietary rights notice contained in or on the Site; ●
use any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of this Site;
● collect any information about
other users (including usernames and/or email addresses) for any purpose other
than to solicit and/or share reviews with other users; ● reformat or frame any
portion of any Web pages that are part of this Site; ● create user accounts by
automated means or under false or fraudulent pretenses;
● create or transmit to other
users unsolicited electronic communications, such as "spam," or
otherwise interfere with other users' enjoyment of the Site;
● submit to this Site any content
that falsely states or implies that such content is sponsored or endorsed by
us;
● transmit or upload to this Site
any item containing or embodying any virus, worm, defect, malware, Trojan
horse, software bomb, or other feature designed to damage or degrade in any
manner the performance of this Site, any other Web site, or any computer or
other device or system, or the enjoyment of this Site by any user;
● use this Site to violate the
security of or gain unauthorized access to any computer or computer network or
other device or system (including unauthorized attempts to discover passwords
or security encryption codes);
● submit to this Site any content
that is unlawful or facilitates, constitutes, promotes, or encourages illegal
activity; or otherwise use the Site to transfer or store illegal material,
including any material deemed threatening or obscene;
● copy or store any User Content
offered on this Site other than for your personal, non-commercial use; ● take
any action that imposes, or may impose, in our sole discretion, an unreasonable
or disproportionately large data or traffic load on this Site or the IT
infrastructure used to operate and make this Site available; or
● use this Site and/ or any User
Content, intentionally or unintentionally, to violate any applicable local,
state, federal, or international law. We have no obligation to monitor any user
conduct on this Site, and We reserve the right and have absolute discretion to
monitor any user conduct on this Site at any time and for any reason without
notice.
Ownership
As between you and Us, this Site,
including all photographs, images, text, graphics, icons, audio clips,
software, source code, and other aspects thereof (excluding User Content), all
improvements or modifications thereof, all derivative works based thereon, and
the collection, arrangement, and assembly of this Site (collectively, the
"Site Content"), including all copyrights, trademarks, and other
intellectual property or proprietary rights in the foregoing, are owned by Us
or our licensors and protected by applicable copyright laws. The use of any of
Our trademarks or service marks without our express written consent is strictly
prohibited. You may not use our trademarks or service marks in connection with
any product or service in any way that is likely to cause confusion. You may
not use our trademarks or service marks in any manner that disparages or
discredits us. You may not use any of our trademarks or service marks in meta
tags without prior explicit consent. Nothing in these Terms shall be deemed to
grant to you or any other user any license or right in or to any of Our
patents, copyrights, trademarks, trade secrets, or other proprietary rights.
Purchases on this Site
You agree that all of your
transactions with or through this Site may, at Our option, be conducted
electronically from start to finish. If We decide to proceed
non-electronically, those transactions will still be governed by the remainder
of these Terms unless you enter into different terms provided by us. You are
responsible to print or make an electronic copy of these Terms and any other
contract or disclosure that we are required to provide to you. The risk of loss
and title for items purchased by you on this Site pass to you upon our delivery
of the items to the carrier pursuant to a shipment contract. We charge sales
tax for merchandise ordered on this Site based on the applicable state sales
tax rate of the location to which the order is being shipped. When We ship to
you or per your directions to another person, you agree to pay the shipping and
any handling charges shown on this Site when your order is placed. We reserve
the right to increase, decrease, and add or eliminate charges from time to time
and without prior notice, so you agree to check all charges before placing an
order or signing up for a service. Any shipping or handling charges may or may
not reflect actual costs. Only valid credit cards or other payment methods
acceptable to us may be used. By submitting your order, you represent and
warrant that you are authorized to use the designated card or method and
authorize us to charge your order (including taxes, shipping, handling, and any
other amounts described on the Sites) to that card or other method. If the card
(or other method) cannot be verified, is invalid, or is not otherwise
acceptable, your order may be suspended or canceled automatically. We attempt
to be as accurate as possible and eliminate errors on this Site; however, We do
not warrant that any product, service, description, photograph, pricing, or
other information is accurate, complete, reliable, current, or error-free. In
the event of an error; whether on this Site, in an order confirmation, in
processing an order, delivering a product or service, or otherwise; We reserve
the right to correct such error and revise your order accordingly if necessary
(including charging the correct price) or to cancel the order and refund any
amount charged. Your sole remedy in the event of such error is to cancel your
order and obtain a refund. All items are subject to availability and We reserve
the right to impose quantity limits on any order, to reject all or part of an
order, and to discontinue products or services without notice, even if you have
already placed your order. All prices are subject to change without notice. We
reserve the right to refuse or cancel any orders placed for products and/or
services for which the sale or use of such product and/or service in your state
or jurisdiction is restricted or prohibited.
Links
This Site may contain links to
other sites on the Internet that are owned and operated by third parties. You
acknowledge that We are not responsible for the operation of or content located
on or through any such site.
Termination
You may terminate the Terms at
any time by closing your account, discontinuing your use of this Site, and
providing Us with a notice of termination. We reserve the right, without notice
and in our sole discretion, to terminate your right to use this Site, or any
portion of this Site, and to block or prevent your future access to and use of
this Site or any portion of this Site.
Indemnification
To the fullest extent permitted
by applicable law, you agree to defend, indemnify, and hold harmless Us and our
subsidiaries and affiliates, and our respective officers, directors, agents,
partners, members, employees, independent contractors, service providers, and
consultants ("Our Related Parties"), from and against any claims,
damages, costs, liabilities, and expenses (collectively, "Claims")
arising out of or related to (a) your access to and use or misuse of this Site;
(b) any User Content you post, upload, use, distribute, store, or otherwise
transmit on or through this Site; (c) any Feedback that you provide; (d) your
violation of these Terms; and (e) your violation of any rights of another. You
agree to promptly notify Us of any third party Claims, cooperate with Us in
defending such Claims, and pay all fees, costs, and expenses associated with
defending such Claims (including but not limited to attorneys' fees). You
further agree that the We shall have the right to control of the defense or
settlement of any third party Claims.
Disclaimers
Except as expressly provided,
this Site, including all Site Content, and services provided on or in
connection with this Site are provided on an "AS IS" and "WITH
ALL FAULTS" basis without representations, warranties, or conditions of
any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS,
WARRANTIES, CONDITIONS, AND DUTIES; EXPRESS, IMPLIED, OR STATUTORY; INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES, OR CONDITIONS: (A) OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND
NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE
OF PERFORMANCE. We do not represent or warrant that this Site is accurate,
complete, reliable, current, or error-free. We do not represent or warrant that
this Site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy;
Limitation of Liability
Your sole and exclusive remedy,
and Our sole and exclusive liability, for any breach of warranty shall be your
right to return the product, or receive a refund for the service under Our
applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR
RELATED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED
PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT
OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR
SERVICES PURCHASED THROUGH THIS SITE, EXCEED THE PURCHASE PRICE OF THE PRODUCT
OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR
EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL,
WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT. Remedies
You agree that our remedy at law
for any actual or threatened breach of these Terms would be inadequate and that
we shall be entitled to specific performance or injunctive relief, or both, in
addition to any damages that we may be legally entitled to recover, together
with reasonable expenses of any form of dispute resolution, including, without
limitation, attorneys' fees. No right or remedy of ours shall be exclusive of
any other, whether at law or in equity, including without limitation damages
injunctive relief, attorneys' fees, and expenses.
Modifications to Site
We reserve the right to modify or
discontinue, temporarily or permanently, this Site or any features or portions
thereof without prior notice.
Severability
If any of these provisions shall
be deemed invalid, void, or for any reason unenforceable, that condition shall
be deemed several and shall not affect the validity and enforceability of any
remaining provision. No Third-Party Beneficiaries
These Terms are for the benefit
of, and will be enforceable by, the parties only. These Terms are not intended
to confer any right or benefit on any third party or to create any obligations
or liability of a party to any such third party.
Miscellaneous
No agency, partnership, joint
venture, or employment relationship is created as a result of these Terms, and
you do not have any authority of any kind to bind Us in any respect whatsoever.
We may provide you with notices, including those regarding changes to these
Terms, by email, regular mail, or postings on this Site. These Terms, which
shall be deemed accepted by you upon your use of the Site, constitute the
entire agreement among you and Us regarding use of this Site. Our failure to
exercise or enforce any right or provision of these Terms shall not constitute
a waiver of the enforcement of such right or provision. If any provision of
these Terms is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that these Terms shall
otherwise remain in full force and effect and enforceable. These Terms are not
assignable, transferable, or sublicensable by you, except with our prior
written consent. These Terms include and incorporate by reference Our Privacy
Policy, which can be found at [insert link to your Privacy Policy], and any
notices regarding the Site.
Questions Questions
regarding these Terms, Our
Privacy Policy, or other policy related material can be directed to our support
staff by emailing us at [support email address].