Terms and Conditions

Globanese.com Website and mobile applications TERMS OF USE “TOU” V.01

Terms and Conditions

Globanese.com Website and mobile applications  TERMS OF USE “TOU” V.01

TERMS AND CONDITIONS

Effective Date: May 19, 2017

(PDF)

This website, linked mobile applications distributed through the Apple App Store, Google Play and other authorized platforms which provide access to the social network "Globanese" (hereinafter the "Platforms") are provided and controlled by Beyh Enterprise, a private limited company registered in the Republic of Cyprus under the registration code: ΗΕ 368168 and based at Kipseli Court, Flat/Office 303, Agios Theodoros, 8027, Paphos, Cyprus (hereinafter "Beyh Enterprise", "us", "we" or "our").

These Terms and Conditions are a legal agreement between you as a visitor or user of the Platforms (hereinafter "You" and "Your") and us with regard to Your use of the Platforms and all services and information through the Platforms.

By accessing and using the Platforms, You agree to these Terms and Conditions and Privacy Policy. If You do not agree to these Terms and Conditions or Privacy Policy, You should not use the Platforms. You should read all the Terms and Conditions prior to registration on the Platforms. You should also print out a copy of these Terms and Conditions and Privacy Policy.

1. PRIVACY POLICY

Our Privacy Policy is a part of the Terms and Conditions. The Privacy Policy is published separately and regulates issues arisen from the processing of Your personal data.

2. ACCOUNT

2.1. To use all the functionality of the Platforms You shall create an account by inputting Your personal data such as Your username, e-mail, and other required information. This information will be processed in accordance with the Privacy Policy.

2.2. You shall provide accurate, complete, and updated information. If such information is outdated, You shall update it within reasonable time.

2.3. We may delete, disable or ban Your account at any time if You:

- commit an unlawful activity;

- show inappropriate Content;

- violate any of the provisions of the Terms and Conditions, Privacy Policy, or applicable law.

2.4. We are not liable for and shall not compensate You any losses arising out of such a deletion, disability or ban.

2.5. We are not responsible for Your inability to access Your account or the Platforms arising out of circumstances beyond our reasonable control.

2.6. You are responsible for keeping Your password secret and secure. In case if You fail to keep Your password secret and secure we are not responsible for this failure.

2.7. In case of an unauthorized access to Your account or device, You shall immediately inform us of any actual or suspected loss, theft, fraud, or use of Your account or device through our contact information available on the Platforms.

3. CONTENT

3.1. You are solely responsible for any information, data, text, link, image, graphics, link, file, photograph, video, sounds likenesses, logo, mark and other materials that You submit, publish or display (hereinbefore and hereinafter the "Content") on the Platforms.

3.2. We are not able to control all the Content published on the Platforms. As an intermediary service provider we bear the limited liability for the Content You submit, publish or display. Within reasonable time and upon obtaining actual knowledge or awareness of illegal activities we may act expeditiously to remove or to disable access to the Content concerned.

3.3. Any Content You submit, publish or display on the Platforms shall be non-confidential and You grant us the right to display, copy, distribute, use, store and disclose to third parties (including, but not limited to, on social media websites such as Facebook in any Facebook's group, Twitter, Google+, LinkedIn, Instagram) any such Content for any purpose.

3.4. We may disclose Your identity to any third party who is claiming that any Content posted or uploaded by You to the Platforms constitutes a violation of their intellectual property rights, their right to privacy or any other right.

3.5. We may, at our sole discretion, refuse, delete or remove any Content if such Content does not comply with the Terms and Conditions or content standards.

3.6. You may link to some pages of the Platforms in a fair and legal way if it does not damage our reputation. Our Platforms shall be framed on other websites. We may withdraw linking permission without notice.

3.7. You guarantee that all the Content You submit, publish or display on the Platforms does not:

- infringe any intellectual property rights such as trademarks, copyrights; rights of privacy; publicity; or other rights of any person;

- contain any malicious code such as viruses, Trojan horses or other harmful or material or programs; or

- contain any Content that is abusive or racially, or ethnically offensive, defamatory, indecent, pornographic, harassing, hateful, objectionable, fraudulent, discriminatory; or

- violate the Terms and Conditions, Privacy Policy, or applicable law;

3.8. You agree to indemnify, compensate and reimburse us against any claim or damages resulting from submission of Your Content.

4. USE OF THE PLATFORMS

4.1. To use the Platforms you shall:

- be entitled by your national, federal, state or local law to be capable to enter into an agreement with Beyh Enterprise;

- be at least 18 (eighteen) years of age or older to the extent you become capable in accordance with your national, federal, state or local law to enter into an agreement;

- provide accurate, complete, and updated information;

- have not been banned by Beyh Enterprise to use the Platforms;

- have an updated device to visit the Platforms;

- provide any additional information required by us;

4.2. When using the Platforms you shall not:

- post unlawful Content through the Platforms;

- obtain or use any private and confidential information;

- post private or confidential information through the Platforms;

- stalk, bully, defame, abuse, threaten, harass, impersonate or intimidate legal entity or individual;

- interfere or disrupt the Platforms, its servers, or networks connected to the Platforms including, but not limited to, transmitting any malware code of a destructive or disruptive nature;

- inject Content or code or otherwise alter or interfere with the way any our page is rendered or displayed in a user's device;

- create an account through unauthorized means including, but not limited to, using an automated device, script, bot, spider, crawler or scraper;

- create or submit spam comments or other forms of commercial or harassing communications to any Platforms' user;

- attempt to restrict another user from using the Platforms;

- encourage or facilitate violations of the Terms and Conditions or Privacy Policy;

- use the Platforms for any illegal or unauthorized purpose;

- change, modify, adapt or alter the Platforms or change, modify or alter another website or application so as to falsely imply that it is associated with the Platforms;

- violate any national, federal, state or local law of your jurisdiction and the law applicable to the Terms and Conditions and Privacy Policy including those laws related to consumer protection, unfair competition, anti-discrimination, human rights and the like;

- engage in illegal activities or activities that are potentially harmful, exploitative or threatening to children and other protected groups;

- engage in false, fraudulent or misleading activities;

- circumvent any restrictions imposed on the access to any part of the Platforms;

- act that is harmful to Beyh Enterprise, You, other users of the Platforms, or any other person;

- help any person to violate any provision of the Terms and Conditions, Privacy Policy, or national, federal, state or local law;

- reverse engineer any feature of the Platforms;

- sale or promote drug, alcohol or other prohibited or restricted products;

- violate any legal rights of others.

4.3. Using the Platforms shall mean and include:

- filling your profiles;

- publishing Content including;

- chatting with users and visitors through the Platforms;

- doing other actions allowed by Beyh Enterprise which do not violate the Terms and Conditions.

4.4. By using the Platforms you grant us a worldwide, non-exclusive, transferable, royalty-free, sub-licensable license to use, reproduce or distribute Content that you post on or through the Platforms.

4.5. We reserve the right to stop offering or supporting the Platforms or any part of the Platforms at any time, permanently or temporarily. In this case, Beyh Enterprise shall not be required to provide any compensation to you in connection with discontinued elements of the Platforms, and Your access to the Platforms or any part of the Platforms shall be automatically terminated and suspended.

4.6. If you violate the Terms and Conditions, Privacy Policy, or any of provisions of your national, federal, state or local law that applies to you, Beyh Enterprise may take action against you, up to and including suspending or terminating your account. Any your attempt to disrupt or interfere with the Platforms including, but not limited to, undermining or manipulating the Platforms is a violation of our Terms and Conditions and may be a violation of criminal and civil laws of your country.

4.7. Beyh Enterprise may, at its sole discretion, limit, suspend, terminate, modify, or delete any account or access to the Platforms or any portion of it, or remove any Content. Beyh Enterprise shall not compensate you for any losses or results in connection with the action described in this clause of the Terms and Conditions.

4.8. You may stop using the Platforms at any time and you may request us to stop making active use of your data at any time by notifying us through the contact information available on the Platforms.

4.9. In case if you notice any violations of the Terms and Conditions you shall notify us through the contact information available on the Platforms and we will examine a possible violation within reasonable time and decide whether we shall take an action.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. We grant You a non-exclusive, non-transferable, revocable, limited right to access, view, and print out one copy of the Platforms and all data, information, software graphics, images, text, posts and other Content on the Platforms on a single device.

5.2. You may only view, print out and use the Platforms and the Content for Your own personal, non-commercial use. We expressly reserve all intellectual property rights in and to the Platforms and the Content and Your use of the Platforms and Content.

5.3. You may not:

- remove any copyright or any other notice contained in the Content;

- modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;

- transfer the Content to any other person;

- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Platforms or the Content in any way; without our prior written consent;

- use any Content from the Platforms in any manner that may infringe any copyright, intellectual property right, or any other right of us or any third parties.

5.4. We ask You to respect intellectual property rights of others. If You believe that Content located on or linked to by us violates Your copyright, You are encouraged to notify us through our contact information available on the Platforms. We will respond to this, including as required or appropriate by removing the infringing Content or disabling all links to the infringing Content.

6. THIRD PARTY WEBSITE AND ADVERTISEMENT

6.1 The Platforms and the Content may contain links to a third party website and advertisement website. If You decide to visit any third party website or advertisement website, You do so at Your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites.

6.2. Third party content may appear on the Platforms or may be accessible via links from the Platforms.

7. RULES OF COMMUNICATION

7.1. You are responsible for your interactions with other users in accordance with the Terms and Conditions, and applicable law.

7.2. You shall communicate and deal with other users  bona fide.

7.3. If you have a dispute with another user, you release Beyh Enterprise from responsibility, claims, demands or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to the dispute. This includes damages for loss of profits, goodwill, use or data.

8. MONITORING USE OF THE PLATFORMS AND CONTENT

8.1. We shall have no obligation to monitor Content and we are not responsible for monitoring the Platforms for inappropriate or illegal Content or behavior by other users.

8.2. We shall have the right, at our sole discretion, to edit, refuse to publish, or remove any Content.

8.3. We may, at our discretion, choose to monitor or record your interaction with the Platforms or your communications with other users.

8.4. We shall not be responsible for information, materials, products or services provided by other users. If someone is violating the Terms and Conditions, or misusing the Platforms, please notify us through the contact information available on the Platforms and we take reasonable steps to resolve this situation.

9. LIMITATION OF LIABILITY

9.1 In addition to limitations of our liability mentioned above, to the fullest extent permissible for an intermediary service provider, we exclude and disclaim terms and conditions, and representations that might otherwise be implied by law in relation to the Platforms, the Content and/or all services supplied by us in connection with the Platforms.

9.2. The Content on the Platforms may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Content.

9.3. The Platforms does not give any kind of advice.

9.4. Any reliance on any Content such as opinion, advice, statement, or other information shall be at Your sole risk.

9.5. We may, at our sole discretion, correct any errors or omissions in any portion of the Platforms and to make any changes to the features, functionality or Content of the Platforms at any time.

9.6. We may, at our sole discretion, edit or delete any documents, information or other Content on the Platforms.

9.7. We do not guarantee that the Platforms will be error-free, free of viruses or owner harmful components, or that defects will be corrected.

9.8. We are not liable for any failure or delay in performance of our obligations under the Terms and Conditions, arising from acts, events, omissions or accidents beyond our reasonable control.

9.9. You shall compensate and hold us, our affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims and expenses, including reasonable legal fees, incurred by the same in connection or arising out of Your breach of the Terms and Conditions.

10. INDEMNITY

10.1. If you use or misuse the Platforms, or if you violate the Terms and Conditions, Privacy Policy or any national, federal, state or local law, and that results in loss or damage or in a claim or liability against Beyh Enterprise, you agree to indemnify, defend and hold harmless Beyh Enterprise (which means you agree to compensate Beyh Enterprise on a "dollar for dollar" basis) for that loss, damage, claim or liability, including compensating Beyh Enterprise for our legal fees or expenses. If Beyh Enterprise wants to, we are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse us, and it will be at your expense. You also shall cooperate in our defense of these cases. Beyh Enterprise will use reasonable efforts to let you know if we learn of any claim on which you have to compensate or reimburse us. This will apply even if you stop using the Platforms or your account is deleted, terminated or suspended.

 

11. MISCELLANEOUS

11.1. Any dispute between You and us shall be resolved through negotiation via our contact information available on the Platforms.

11.2. Any unresolved dispute through the negotiation procedure shall be resolved by a competent court of the Republic of Cyprus.

11.3. At its discretion, we are entitled to change, modify, add or remove any provision of the Terms and Conditions at any time by posting the amended Terms and Conditions on the Platforms. We may provide an additional notice, such as messaging within the Platforms. Unless we state otherwise, changes are effective when published. If You continue to use the Platforms after the changes are published You agree to the changes.

11.4. The Terms and Conditions shall be governed, interpreted, construed, and enforced in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws rules.

11.5. The Terms and Conditions were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of the Terms and Conditions and the English version, the English version will control.

11.6. We may terminate Your access to all or any part of our Platforms at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate the Terms and Conditions You shall contact us through our contact information available on the Platforms. All provisions of this Agreement which by their nature should survive termination shall survive termination.

11.7. If any part of the Terms and Conditions or Privacy Policy is not enforceable, the rest of the Terms and Conditions or Privacy Policy shall still apply and be binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

11.8. The Terms and Conditions constitute the entire agreement between Beyh Enterprise and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Beyh Enterprise, or by the posting by Beyh Enterprise of a revised version.

11.9. We may give our rights, or our obligations, under the Terms and Conditions or Privacy Policy to any legal entity or individual at any time with or without Your consent. You may not give Your rights or Your obligations under the Terms and Conditions or Privacy Policy without getting our written consent, and any attempt to do so without our consent is void.