Terms of Use

For all purposes, this English language version of this Agreement shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version of the Agreement and any subsequent translation into any other language, this English language version shall govern and control.

The Bewarellc.com Web Site comprises various Web pages, including Bewarellc.com, Beware.com and BewareStore.com operated by Beware LLC. («Beware») (the «Beware Web Sites»). Beware also provides applications for your mobile devices («Beware Mobile Apps») through which we offer various services (the «Beware Mobile Services»). Together, we will refer to the Beware Mobile Apps, Beware Mobile Services, Beware Web Sites, and Software (as defined below) as the «Beware Services».

The Beware Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively, these “Terms”). Your download, install or use of any of the Beware Services constitutes your agreement to all such terms, conditions, and notices. By registering with us or using or browsing the Beware Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these Terms, please stop using the Beware Services. Your use of the Beware Services is also subject to the Beware Privacy Statement located at https://www.bewarellc.com/privacy-policy, which is incorporated by reference into these Terms. The Beware Services may also contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas) («Additional Terms»).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Beware Services, then these Terms shall control.

ELIGIBILITY The Beware Services are not directed to children younger than 13 and are offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Beware Services. Any person who provides their personal information through the Beware Services represents to us that they are 13 years of age or older. You hereby represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are using the Beware Services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into these Terms on behalf of that company or entity, and (ii) you agree that the terms «you» and «your» in these Terms refers to your company or legal entity.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Beware Services are for your personal and non-commercial use. Except as expressly provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Beware Services.

LINKS TO THIRD-PARTY SITES AND THIRD-PARTY SERVICES

The Beware Services may contain links or functionality that use or point to other Web Sites or services («Third-Party Services»). The Third-Party Services are not under the control of Beware and Beware is not responsible for the contents of any Third-Party Service, including without limitation any link contained in a Third-Party Service, or any changes or updates to a Third-Party Service. Beware is not responsible for webcasting or any other form of transmission received from any Third-Party Service. Beware is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beware of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Beware Services you warrant to Beware that you will not use the Beware Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you connect to your Beware account or otherwise access the Beware Services through a Third Party Service, you warrant to Beware that you are in full compliance with all terms and conditions governing your use of such Third Party Service. You may not use the Beware Services in any manner which could damage, disable, overburden, or impair the Beware Services or interfere with any other party’s use and enjoyment of the Beware Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Beware Services.

USE OF COMMUNICATION SERVICES

The Beware Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, «Communication Services»), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Impersonate any other individual or entity.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Beware has no obligation to monitor the Communication Services. However, Beware reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Beware reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Beware reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Beware’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Beware does not control or endorse the content, messages or information found in any Communication Service and, therefore, Beware specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Beware spokespersons, and their views do not necessarily reflect those of Beware.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BEWARE OR POSTED TO THE BEWARE SERVICES

Beware does not claim ownership of the images, video, text, or other materials you provide to Beware (including feedback and suggestions) or post, upload, input or submit to any Beware Service or associated services (collectively «Submissions»), to the extent what you post does not include materials provided to you or otherwise owned by Beware or its licensees. However, by posting, uploading, inputting, providing or submitting your Submission you hereby grant Beware, its affiliated companies and sublicensees, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to reproduce, distribute, prepare derivative works of, display, perform and otherwise use your Submissions in connection with the Beware Services and Beware’s (and its successors’ and affiliates’) business, including, without limitation, distributing your Submissions in all current and future media in which the Beware Services may now or hereafter be distributed or transmitted and to publish your name in connection with your Submission. This license grant will survive any expiration or termination of these Terms.

No compensation will be paid with respect to the use of your Submission. Beware is under no obligation to post or use any Submission you may provide and may remove any Submission at any time.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission (excluding materials provided to you by Beware for the purpose of making your Submission).

SERVICE PROVIDED CONTENT

«Service Provided Content» consists of those materials provided to you (e.g., unlockable content, accounts, stats, virtual assets, virtual currencies, codes, and achievements) in connection with use of the Beware Services. While the Beware Services may allow you to “earn”, «buy», or «purchase» Service Provided Content within or in connection with gameplay, you do not in fact own or have any property interest in the Service Provided Content. Unless otherwise specified in writing, any Service Provided Content that you receive is licensed to you as set forth herein, and you shall have no ownership right thereto. Unless specifically permitted by Beware, you may not, sell, lend, rent, trade, or otherwise transfer any Service Provided Content. Service Provided Content may not be transferred or resold by you for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Service Provided Content may be altered, removed, deleted, or discontinued by Beware at any time (e.g., upon termination of this Agreement and/or cessation of online support for the Beware Services), even if you have not “used” or “consumed” the Service Provided Content prior to alteration, removal, deletion, or discontinuation.

Without limiting the above, Service Provided Content may include virtual coins, points or other virtual currencies (“Virtual Currency”). By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license (which is revocable by Beware at any time unless otherwise required by applicable laws) to access and select from other Service Provided Content. Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual Currency may be redeemed for other Service Provided Content only, if at all. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for other Service Provided Content, where applicable. Subject to applicable local law, Virtual Currency is non-refundable. You are not entitled to a refund or any other compensation such as Service Provided Content for any unused Virtual Currency and unused Virtual Currency is non-exchangeable.

There may be Service Provided Content (should you choose to purchase it) which will require you to make a payment with real money, the amount of which will be set out in the Beware Services. All Service Provided Content will be made available immediately when you purchase it with real money, and you acknowledge that this is the case and that you will have no right to change your mind and cancel (sometimes known as a ‘cooling off’ right) once your purchase is complete.

All Service Provided Content are unconditionally forfeited if your Beware account is terminated or suspended for any reason, at Beware’s sole discretion, or if Beware discontinues any Service Provided Content program. Beware may also, at its sole discretion, delete or alter any Service Provided Content that you have unlocked or purchased, or limit your access to any Service Provided Content, for any reason (e.g., upon detection that your account has engaged in prohibited conduct,) subject to local laws. Beware has no liability for hacking or loss of your Service Provided Content. Beware has no obligation to, and will not, reimburse you for any Service Provided Content lost due to your violation of these terms and conditions. Beware reserves the right, without prior notification, to limit the order quantity on any Service Provided Content and/or to refuse to provide you with any Service Provided Content. Price and availability of Service Provided Content are subject to change without notice.

VIRTUAL CURRENCY AND VIRTUAL ITEMS

You may have the opportunity to use virtual, in-game or in-app currency («Virtual Currency») or license a variety of virtual, in-game or in-app items («Virtual Items») that can be used through the Beware Mobile App or Beware games. You may be required to pay a fee to obtain Virtual Items or Virtual Currency. You have no property interest in any Virtual Currency or Virtual Items. Any purchases of Virtual Currency or Virtual Items (whether through actual monetary transactions or accumulation through membership benefits or gameplay) are purchases of a limited, non-transferable, revocable license to use such Virtual Items or Virtual Currency within the applicable Beware Mobile App or Beware game. Virtual Currency and Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Currency and Virtual Items have no monetary value, and cannot be used to use products or services other than within the applicable Beware Mobile App or Beware game. Virtual Currency and Virtual Items cannot be refunded or exchanged for cash or any other tangible value. If you do not redeem your Virtual Currency or Virtual Items, so long as your Beware account remains active and in good standing, you will be offered an opportunity to convert any unused Virtual Currency or Virtual Items into one or more in-game or other options determined by Beware at its sole discretion. All Virtual Currency and Virtual Items are unconditionally forfeited if your Beware account is terminated or suspended for any reason, at Beware’s sole discretion, or if Beware discontinues any Virtual Currency or Virtual Item program. Beware has no liability for hacking or loss of your Virtual Currency or Virtual Items. Beware has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these terms and conditions. Beware reserves the right, without prior notification, to limit the order quantity on any Virtual Currency or Virtual Items and/or to refuse to provide you with any Virtual Currency or Virtual Items. Price and availability of Virtual Currency and Virtual Items are subject to change without notice.

ACCOUNT INFORMATION AND PASSWORD

In order to access some features of the Beware Services, you will have to create an account. You agree that the information you provide to Beware upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. You agree that Beware may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any Submission violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, property or personal safety of Beware, its users and the public. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Beware at beware@bewarellc.com. You may be liable for the losses incurred by Beware or others due to any unauthorized use of your account. You may use Facebook Connect to connect the Beware Services with Facebook using your Facebook username and password to access some features of the Beware Services. Your use of Facebook is governed by the Facebook Terms of Use and Facebook shall be considered a Third-Party Service hereunder.

BEWARE MOBILE APPS GENERALLY

Unless you downloaded the Beware Mobile App on the Apple App Store, Beware hereby grants to you, the user, a personal, noncommercial, non-transferable license to use one (1) copy of the Beware Mobile Apps solely on the mobile device for which that Beware Mobile App was created, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Beware Mobile Apps are owned by Beware and/or its suppliers and are protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Beware Mobile Apps is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE BEWARE MOBILE APPS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Beware Mobile Apps, and any accompanying documentation and/or technical information, are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries, individuals or organizations that are subject to USA export restrictions. You hereby authorized Beware to access and use the address book, contact lists or other similar items contained in the devices to which you have downloaded the Beware Mobile Apps for purposes of your use of the Beware Mobile Apps and Beware Mobile Services as further described in the Beware Privacy Statement.

BEWARE MOBILE APPS ON THE APPLE APP STORE

This Section shall apply to you only if you have downloaded the Beware Mobile App from the Apple App Store (in addition to the terms in the Section titled «Beware Mobile Apps Generally» except for the license grant in that Section). Beware and you acknowledge that these Terms are entered into solely between you and us, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Software that are less restrictive than, or otherwise conflict with, the Usage Rules set forth for Licensed Applications in the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review and accept). Subject to all the terms and conditions herein, Beware hereby grants you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Beware Mobile App, in object code form, only on your App Store compatible device (the «Device») for the sole purpose of personally using the Beware Services and as permitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof. You acknowledge that, in the event of any third-party claim that the Beware Mobile App or your possession and use of the Beware Mobile App infringes any third-party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You further acknowledge that Apple has no responsibility for addressing any claims relating to the Beware Mobile App or Beware Mobile Services or your possession and/or use of the Beware Mobile App or Beware Mobile Services, including but not limited to (i) product liability claims; (ii) any claim that the Beware Mobile App or Beware Mobile Services fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation. Only with respect to Beware Mobile Apps distributed through the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these terms, and that, upon your acceptance of the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary hereof.

SOFTWARE AVAILABLE ON THE BEWARE WEB SITES

Software (if any) that is made available to download from the Beware Web Sites, excluding software that may be made available by end-users through a Communication Service, («Software») is the copyrighted work of Beware and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software («License Agreement»). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Beware hereby grants to you, the user, a personal, noncommercial, non-transferable license to use the Software for viewing and otherwise using the particular Beware Web Sites in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Beware and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries, individuals or organizations that are subject to USA export restrictions.

GAME CONTENT USAGE RULES

Your use of our data and content must be non-commercial, unless you obtain Beware’s prior written permission. That means you don’t own our stuff, so you can’t sell it, use it to sell other things, or give other people permission to use it. The license that we grant to you only covers the things that we create: the “Beware Content” (as defined below). If we have a license to use someone else’s music or art, we can’t extend it to you, so you’ll have to reach out to them for permission.

We ask that you put some time and effort into your content. Make it your own. Don’t just upload a copy of our video and slap ads on it. We don’t slap ads on our own stuff. If you do that, we reserve the right to have the content removed and send you a nasty letter.

In fact, we can change this policy, or order you to stop sharing our content for any reason, at any time without warning, even if we have previously given you permission. We have a hard time imagining why we’d do that, but we reserve the right.

All of your use of the Beware Content must comply with these Terms and the Content Usage Rules (as defined below).

You may use game footage, screenshots, and other elements of Beware games that are owned by Beware (“Beware Content”) to create your own content (“Your Content”) provided that you must comply with these Terms and all of the following restrictions (the “Content Usage Rules”):

You must not use Beware Content to create any infringing, threatening, libelous, obscene, or otherwise unlawful or tortious material.

You must not sell or earn any revenue or other compensation from Your Content, including any advertising revenue or subscription revenue.

You must not post Your Content or Beware Content on any page that is used to sell products or services or use Your Content or Beware Content in apps that are distributed for a fee, or in which fees are collected (e.g., “freemium apps”) or advertising revenue is received.

You must not use the name of any Beware games in the title of Your Content.

You must not grant anyone else an exclusive license to distribute Your Content.

Your Content must not infringe any intellectual property rights, violate any person’s rights (such as right to privacy), or misappropriate any person’s intellectual property.

You can use Your Content on a page on which you make a donations request.

You can use Your Content to enter a contest so long as the contest organizers comply with the Content Usage Rules.

Anyone else who uses Your Content must follow the Content Usage Rules.

You must obtain Beware’s prior written permission for any use of Beware Content or Your Content not in accordance with the Content Usage Rules. If you don’t obtain Beware’s prior written permission and you violate any of the Content Usage Rules, your license to use the Beware Content will terminate automatically.

If you share Your Content with anyone else, (a) you grant to Beware a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable, transferable license to Beware and its assigns to use, create derivative works of, distribute, display and perform Your Content and to use your name if Beware chooses in connection with Your Content, in each case, without paying any compensation to you, and (b) you must include the following notice about the Beware Content with Your Content, whether in a README file, on the appropriate web page, or anywhere else that makes sense so that users of Your Content see the notice:

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Beware Services are solely between you and such advertiser. YOU AGREE THAT BEWARE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SOFTWARE OR SERVICE.

INDEMNITY

You agree to indemnify and hold harmless Beware, and its parent, subsidiaries, affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of any of the Beware Services; (ii) your Submissions, including Beware’s use, display or other exercise of rights granted herein with respect to your Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any Submission infringes or violates any third party intellectual property rights; and (v) your breach of the representations, warranties, and covenants herein. Beware 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 agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Beware. Beware will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES (INCLUDING THIRD PARTY SERVICES) INCLUDED IN OR AVAILABLE THROUGH THE BEWARE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEWARE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BEWARE SERVICES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE BEWARE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BEWARE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BEWARE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, BEWARE MOBILE APPS, PRODUCTS, BEWARE SERVICES AND RELATED GRAPHICS ARE PROVIDED «AS IS» WITHOUT WARRANTY OF ANY KIND. BEWARE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, BEWARE MOBILE APPS, PRODUCTS, BEWARE SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL BEWARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BEWARE SERVICES OR BEWARE MOBILE APPS, WITH THE DELAY OR INABILITY TO USE THE BEWARE SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BEWARE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BEWARE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEWARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BEWARE SERVICES, BEWARE MOBILE APPS, SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BEWARE SERVICES, BEWARE MOBILE APPS AND SOFTWARE.

FOR CLARITY, UNDER THIS SECTION, IF YOU DOWNLOADED A BEWARE MOBILE APP FROM THE APPLE APP STORE, BEWARE’S SUPPLIERS INCLUDE APPLE, INC. WITH RESPECT TO SUCH BEWARE MOBILE APP AND THE BEWARE MOBILE SERVICES AVAILABLE THROUGH IT. You further acknowledge that Beware and/or its suppliers (including, if you downloaded the Beware Mobile App from the Apple App Store, Apple, Inc.) have no obligation whatsoever to furnish any maintenance or support services with respect to any of the Beware Services.

TERMINATION ACCESS RESTRICTION

Beware reserves the right, at its sole discretion, to terminate your access to any or all Beware Services and the related services or any portion thereof at any time, without notice.

USER DISAGREEMENTS

You are solely responsible for your involvement with other users of the Beware Services. If you have a dispute with one or more users, you release Beware (and Beware’s parent, subsidiaries, Affiliates, officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

FEEDBACK

You may from time to time choose to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to the Beware Services or our other products and services, including, without limitation, through any Beware Service, or in connection with surveys or on third party sites, including, without limitation, Facebook and Twitter («Feedback»). If you choose to provide us any such Feedback, you hereby grant Beware a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid-up license to use such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution, or compensation to you.

GENERAL

These Terms are governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Beware Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beware as a result of these Terms or use of the Beware Services. Beware’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Beware’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Beware Services or information provided to or gathered by Beware with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Beware with respect to the Beware Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Beware with respect to the Beware Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS.

Beware, thier associated logos and/or other related products referenced herein are either trademarks or registered trademarks of Beware LLC. or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. If you believe that your work has been posted on a Beware Web Site in a way that constitutes copyright infringement, please contact Beware at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Beware’s designated agent for notice of copyright infringement can be reached at:

Beware, LLC. 759 SW FEDERAL HIGHWAY SUITE 304, STUART, FLORIDA, 34994

INTERPRETATION

The terms, conditions and notices governing the Beware Services, Beware Mobile Apps and Software are drafted in the English language and, in the event of any conflict between the English language version of these terms, conditions and notices and any translation hereof, the English language version will govern.

BEWARELLC.COM API TERMS AND CONDITIONS

Access to the Bewarellc.com API

If you are approved by Beware for use of the bewarellc.com API you may use the bewarellc.com API, and the data, content, and information made available through the bewarellc.com API («API Data»), subject to these API Terms and Conditions and the bewarellc.com Terms of Use as a whole, for non-commercial purposes in connection with a website or software application («API Client») developed by you. Beware may monitor your use of the bewarellc.com API to ensure quality, improve Beware’s products and services, and verify your compliance with these Terms. You will not interfere with such monitoring or otherwise obscure from Beware your use of the bewarellc.com API. Beware may use any technical means to overcome such interference.

No Commercial Use

You may not use the bewarellc.com API for commercial purposes unless you obtain Beware’s prior written permission. If your use of the bewarellc.com API generates any revenue, your use is commercial. If you are in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:

Users are charged a fee for your product or service that includes some sort of integration using the bewarellc.com APIs;

You sell services to bewarellc.com users and use the APIs to bring users’ bewarellc.com content into your service;

Your site uses API Data to drive traffic and generate ad revenue.

Brand Feature License

Subject to the bewarellc.com Terms of Use, including these API Terms and Conditions, Beware gives you a personal, worldwide, revocable, royalty-free, non-assignable, non-transferable, non-sublicensable, and non-exclusive license to display Brand Features solely for the purpose of promoting or advertising your authorized use of the bewarellc.com API for non-commercial purposes in accordance with these Terms and for the purpose of fulfilling your obligations under these Terms. For purposes of these Terms, «Brand Features» means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Beware and its licensors.

In using Brand Features, you will not:

Display a Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Beware, other than your use of the bewarellc.com API, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Beware or Beware personnel;

Use Brand Features to disparage Beware, its products or services;

Display a Brand Feature in your API Client or on your site if your API Client or site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;

Have the Beware logo as the largest logo in your API Client;

Display a Brand Feature as the most prominent element in your API Client;

Display a Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Beware;

Display a Brand Feature in your API Client that violates any law or regulation; or

Remove, distort or alter any element of a Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).

Except as set forth in this Section, nothing in these Terms will grant or will be deemed to grant you any right, title or interest in or to Brand Features. All use by you of Brand Features (including any goodwill associated therewith) will inure to the benefit of Beware. At no time will you challenge or assist others to challenge the Brand Features of Beware (except to the extent such restriction is prohibited by law) or the registration thereof by Beware, nor will you attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Beware or its licensors.

No Warranties

The bewarellc.com API and the API Data are provided without warranties express or implied. Beware may change, suspend, or discontinue any aspect of the bewarellc.com APIs at any time, including the availability of any bewarellc.com APIs to you or any other user without prior notice. Beware may also impose limits on certain features and services or restrict your access to parts or all of the bewarellc.com APIs without notice or liability.

Restrictions on Use

Your use of the bewarellc.com API is subject to the following restrictions:

All calls to the bewarellc.com API must reference the bewarellc.com API Key («API Key») issued to you as an approved user.

You agree to keep your API Key confidential and not to share it with any third party. This right is unique to you, and any affiliates or third parties must seek and obtain their own bewarellc.com API right and API Key.

Your application must not attempt to sign in to bewarellc.com using HTTP authentication cookies. This includes reverse engineering the sign-in flow used by bewarellc.com or the companion apps or by using authentication cookies extracted from a user’s session.

You may retain copies of API Data obtained through the bewarellc.com API solely for uses permitted under this license. You may not utilize API Data for any commercial purpose unless you obtain Beware’s prior written permission.

You may not otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the bewarellc.com API or API Data.

You may not use the bewarellc.com APIs in a manner that, in Beware’s sole judgment and discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply or is inconsistent with any part of the bewarellc.com API documentation.

You may not use the bewarellc.com API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms.

Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Beware and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of bewarellc.com APIs and/or Your Content, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Beware shall use good faith efforts to provide you with written notice of such claim, suit or action.