Effective as of April 4, 2008

Welcome to Roy G Biv Networks, Inc's Beecoz service (the "Beecoz" or "Service"), an online directory and communication service that connects people, neighborhoods and communities. The Beecoz service is currently in its BETA version and undergoing BETA testing.  You understand and agree that the Service may still contain bugs, not operate as intended or designated, and may suffer service disruptions.  By using the www.beecoz.com web site ("Website") you signify your understanding of and agreement to participate in the Service's BETA testing and also agree to abide by the Beecoz Terms of Service ("Terms of Service", "Agreement" or "TOS") and Privacy Policy.  We reserve the right, at our sole discretion, to update and change these Terms of Service at any time without further notice.  Any changes will be posted to this Terms of Service page and dated.  Your continued use of the Service after any such changes signifies your acceptance of the new Terms of Service.  Please do not use or access the Service if you do not agree to abide by these or any future Terms of Service.

Beecoz is a community website that allows users to register for an account on the Service (an "Account Holder") to view, post and share information with people, neighbors, friends and other people in and outside of their community who are Account Holders or visitors to the Beecoz service.  Once registered with the Service, each Account Holder receives their own site ("My Post Site") to publish, post and share messages, text, images, stories, recommendations, comments, and other media ("Content"). 

You must be eighteen years of age or older to register as an Account Holder.  If you are under the age of 18 you are not allowed to register and become a Beecoz Account Holder.  By using Beecoz you represent and warrant that you agree to, and to abide by all the terms and conditions of this Agreement.  Beecoz may prohibit you from using or accessing the Service for any reason and/or terminate your account at any time.

To be an Account Holder with your own My Post Site, you must provide Beecoz with your name, a valid email address, your zip code and other information ("Registration Data").  You agree that the information you supply will be accurate and that you will not attempt to register for the service using another persons name or email address or include a phone number or address in your member profile that is not your own.  As part of the registration process you will choose a password, username ("User Name") and account designation for your My Post Site.  You may not (i) use or choose the name of another person as a User Name with the intent to impersonate that person; (ii) use any name as a User Name without appropriate authorization that is subject to any rights of a person other then you; or (iii) use as a User Name a name that is otherwise obscene, offensive, or vulgar.  Once registered with the Service, each Account Holder receives his or her own My Post Site to post Content.  You are fully responsible for all activities that occur under your password account and for maintaining the confidentiality of the password and account. You agree to update the Registration Data and to keep it accurate, true, current and complete.  Beecoz reserves the right to refuse registration of, or cancel a User Name in its sole discretion.  Beecoz may terminate your account and/or prohibit you from using or accessing the Service for any reason, at any time. 

After you become an Account Holder you may have the option to add your street address and phone number to your member profile ("Optional Directory Listing Data").  You agree that if you choose to provide Beecoz with any Optional Directory Listing Data that it will be accurate and that you will not attempt to use or enter information of another person with the intent to impersonate that person.  If you choose to provide the Optional Directory Listing Data, you agree to update and keep it accurate, true, current and complete.  You do not have to provide any Optional Directory Listing Data to use the Service and can delete or remove any Optional Directory Listing Data at any time. 

You are responsible for maintaining the security of your account and My Post Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the My Post Site.  You agree to immediately notify Beecoz in writing of any unauthorized uses of the account or any other breaches of security.  Beecoz cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.  You acknowledge and agree that under no circumstances will Beecoz be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.

Each My Post Site has limited disk space and you agree that Beecoz has no responsibility or liability for the storage or deletion of your Content.  You acknowledge that Beecoz may establish limits concerning the use of the Service, including the maximum number and size of postings, messages, or other Content that may be transmitted or stored by the Service, the number of days that Content will be retained, and the frequency with which you may access the Service.  You acknowledge that Beecoz, with or without notice, reserves the right to discontinue, modify the Service and will not be liable to you or any third party for any changes, suspension or discontinuance of the Service.

You acknowledge that the Service is available for your personal, non-commercial use only.   You warrant and represent that any Content that you may post on Beecoz or your Beecoz My Post Site is your original work product or that you have been granted express authorization from the copyright owner. You agree not to post Content on your Beecoz My Post Site or anywhere else on Beecoz that is likely to defame or invade the privacy of an individual.

You acknowledge and agree that Beecoz does not screen or edit any Content posted on the Service, and that we make no claims as to the validity or accuracy of any Content posted on the Service. You agree Content posted on, linked from, or transmitted through the Service is the sole responsibility of the Account Holder from whom such Content originated and that Beecoz has no responsibility for such Content.  You understand and agree that by using Beecoz you may be exposed to Content that is offensive, indecent, inappropriate, harmful, inaccurate, misleading, deceptive or otherwise objectionable.  You agree that Beecoz, under no circumstances, will be liable in any way and shall be held harmless for any errors or omissions in your Content or the Content of other Account Holders, or for any loss or damage of any kind incurred as a result of the use of your posting or the posting of other Account Holders made available in connection with Beecoz, or generally for the reliability, accuracy, or quality of Content provided through the Service.

You also agree that you will not post, upload, transmit, or otherwise make available any Content:

(i) that is fraudulent, promotes information you know to be false and misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, harmful to minors in any way or otherwise objectionable; (ii) that promotes racism, bigotry, homophobia, hatred or physical harm to any group or individual; (iii) that is invasive of another persons privacy (up to, but not excluding any address, phone number, email address, or any other contact information without the consent of the owner of such information), (iv) that is pornographic in nature; (v) that you do not have a right to transmit under contractual or fiduciary relationships or under any law (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (vii) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

You also agree that you will not: (i) interfere or disrupt the Website or services of the Website; (ii) intimidate or harass; (iii) use any automated scripts to collect information from the Service for any purpose; (iv) transmit any unsolicited or unauthorized advertising, promotional materials, "spam", "junk mail", "chain letters", "pyramid schemes"; (v) promote your site by posting multiple submissions in public forums that are identical; (vi) intentionally or unintentionally violate any applicable local, state, national or international law or violates any applicable laws; (vii) impersonate any person or entity, including, but not limited to, a Beecoz official or falsely state or otherwise misrepresent your affiliation with a person or entity; (viii) disguise the origin of any Content transmitted through the Service by manipulating identifiers; (ix) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (x) use the Service as a forwarding service to another website; (xi) engage in commercial activities within Beecoz or on behalf of Beecoz without prior approval;

Beecoz retains the right to terminate an account at any time without further warning if any user is reported to be in violation with the letter or spirit of these terms.

 

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your My Post Site and all information contained therein may be deleted by Beecoz. Beecoz accepts no liability for such deleted information or content.

You agree Beecoz, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your My Post Site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Beecoz believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted My Post Site (as applicable) and all its parts, at Beecoz's discretion, will be terminated as well. Beecoz may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Beecoz may immediately deactivate or delete your My Post Site, as applicable, and all related information and files. Beecoz reserves the right to bar any further access to such files or the Service. You agree that Beecoz shall not be liable to you or any third-party for any termination of your access to the Service.

Click here to view the Beecoz Privacy Policy, the terms of which are incorporated into this Terms of Service by reference.

Roy G Biv Networks, Inc, Beecoz, the Beecoz logo, the Beecoz Connecting Communities for Good logo, and other Beecoz logos and product and service names are trademarks or trade dress of  Roy G Biv Networks, Inc. and may not be used without express written consent from Roy G Biv Networks, Inc.  All other trademarks not owned by Roy G Biv Networks, Inc. that appear on Beecoz are the property of their respective owners, who may or may not be connected to, affiliated with, or sponsored by Beecoz. 

Beecoz-originated content included on the Service is the property of Beecoz and its licensors and protected by United States and international copyright laws, including but not limited to text, graphics, icons, logos, data compilations, APIs, software and the compilation of all content on the Service.  No reproduction of any Beecoz-originated content is permitted without written permission from Beecoz, except as set out in these Terms. 

Any Account Holder Content posted on Beecoz is copyrighted under the Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License.  Any use or reproduction of Account Holder Content posted on Beecoz must comply with the terms of the respective license(s) which forbids any usage of the Content by a third party for commercial purposes without the explicit agreement of its copyright owner.

Beecoz does not claim ownership of the Content you post on you're Beecoz My Post Site.  By posting Content in any public areas on Beecoz and your Beecoz My Post Site, you automatically grant to Beecoz an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing solely for the purposes of displaying, distributing and promoting your My Post Site on Beecoz.  This license exists only for as long as you continue to be a Beecoz Account Holder and shall be terminated at the time your My Post Site account is terminated. 

Beecoz respects the intellectual property of others. It is our policy to respond promptly to claims of copyright and other intellectual property infringement. Beecoz will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Beecoz may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Beecoz will terminate access for subscribers and account holders who are repeat infringers.

Notifying Beecoz of Copyright Infringement: To provide Beecoz notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Deptartment" at content@beecoz.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Beecoz with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Beecoz with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at content@beecoz.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Beecoz has no control over such sites and resources, you acknowledge and agree that Beecoz is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Beecoz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements, provided by content partners or information presented to you through the Service, content partners or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Beecoz, content partners or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Beecoz does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Beecoz representative, any material, information or idea you transmit to Beecoz by any means may be disseminated or used by Beecoz or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEECOZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) BEECOZ WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, BEECOZ IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. BEECOZ DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL BEECOZ OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to indemnify and hold Beecoz, and its subsidiaries, affiliates, officers, director's, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.