Terms of Use
Welcome to BeStuff!. Before you register for your account, you must read and agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement").
You should visit this page periodically to review the terms. BeStuff! may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the BeStuff! website or any other service provided by BeStuff!.
- Description of Service. BeStuff! (the "Service") is a online community based information sharing resourse . You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. BeStuff! disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. BeStuff! also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
- Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur under your account. BeStuff! reserves the right to refuse or terminate service to anyone at any time without notice for any reason.
- Proper Use.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of
and compliance with the Agreement and any other polices or guidelines set forth by BeStuff!. You agree that you will use the Service in compliance
with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported
from your country of residence.
You shall not, shall not agree to, and shall not authorize or encourage any third party to:
(i) abuse, harass, threaten or intimidate other members, visitors or others who use BeStuff! Service;
(ii) use the Service to upload, transmit, post or otherwise distribute any content that is unlawful, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, contains nudity, pornographic images, explicit sexual themes, or graphic violence, promotes any act of cruelty to animals or is otherwise objectionable as reasonably determined by BeStuff!;
(iii) upload, transmit, post or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service;
(iv) upload, transmit, post or otherwise distribute unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(v) use the Service for any fraudulent or inappropriate purpose;
or
(vi) act in any way that violates the Agreement, as may be revised from time to time.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. BeStuff! reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Privacy. As a condition to using the Service, you agree to the terms of the BeStuff! Privacy Policy as it may be updated from time to time. BeStuff! understands that privacy is important to you. You do, however, agree that BeStuff! may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the BeStuff! Privacy Policy.
- Content of the Service. BeStuff! takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does BeStuff! have any obligation to monitor such third party content. BeStuff! reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. BeStuff! also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of BeStuff!, its users and the public. BeStuff! will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
- Advertisements. As a condition to using the Service, you agree and understand that BeStuff! will display ads and other information adjacent to and related to the content it services. These includes, but not limited to, sponsored ads, Google AdSense Ads, as well as ads from other ad providers.
- Intellectual Property Rights. BeStuff!'s Intellectual Property Rights. You acknowledge that BeStuff! owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "BeStuff! Rights"), and such BeStuff! are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The BeStuff! Rights include rights to (i) the Service developed and provided by BeStuff!; and (ii) all software associated with the Service. Your Intellectual Property Rights. BeStuff! does not claim any ownership in any of the content that you upload, transmit or store in your BeStuff! account. We will not use any of your content for any purpose except to provide you with the Service.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to BeStuff! to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- Indemnification. You agree to hold harmless and indemnify BeStuff!, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BeStuff! will provide you with written notice of such claim, suit or action.
- Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by emailing cancellation@bestuff.com. BeStuff! may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless BeStuff! has previously canceled or terminated your use of the Services (in which case subsequent notice by BeStuff! shall not be required), BeStuff! will notify you via email of any such termination or cancellation, which shall be effective immediately upon BeStuff!'s delivery of such notice. Sections 3, 4, 5, 7, 9, 10, 11 and 13 of the Agreement shall survive expiration or termination.
- Copyright. All files hosted on BeStuff! are under the copyright of the original author. You must contact the original author if you wish to use a file in a way that is prohibited by the file license. All other content on this website, including but not limited to articles, description submissions and comment postings are property of the original authors. No portion of the content material on this web site may be copied, reproduced, or reused without the express written permission of the original author. Where the original author is not explicitly indicated, the copyright belongs to BeStuff!.
- Notification of Copyright Infringement. Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. 2. Identification of the copyrighted work claimed to have been infringed. 3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. 4. The address, telephone number or e-mail address of the complaining party. 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. 6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
- Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the Australian Capital Territory, Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the Australian Capital Territory, Australia, and you consent to the jurisdiction of such courts.
