The http://social-intelligence.bewe.co.uk/ website (together, with the related pages and subdomains accessible from http://social-intelligence.bewe.co.uk/ and services.social-intelligence.it/, the “Website”) and the related services, and other features, content or applications) (collectively, the “Service”) are operated by BEWE ltd. and its subsidiaries and affiliates (collectively, “BEWE,” “us,” “we,” or the “Company”).
By visiting and/or using the Website and/or any of the Services, you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service on this page and indicate at the top of this page the Terms of Service’s effective date. Your continued use of the Website and/or Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website or the Service. It is your responsibility to regularly review these Terms of Service.
You affirm that you are over the age of 13, as the Service and the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great websites for you.
The Website and Service
Website and Service Access
1. BEWE hereby grants you permission to use the Website and/or the Service as set forth in this Terms of Service, provided that: (i) you will not copy or distribute any part of the Website or the Service in any medium without BEWE’s prior written authorization; (ii) you will not alter or modify any part of the Website or the Service without BEWE’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
2. In order to access some features of the Website or the Service, you will have to create a user account (“User Account”). You may never use another user’s User Account without permission from BEWE or the original registered user of the User Account. When creating your User Account, you must provide accurate and complete information. You agree not to use the Website or the Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your User Account, and you must keep your account password secure. You must notify BEWE immediately of any breach of security or unauthorized use of your User Account. Although BEWE will not be liable for your losses caused by any unauthorized use of your User Account, you may be liable to others as well as us if your Use Account is used in violation of these Terms of Service. You acknowledge and agree that any information in your User Account may be used for publicity and/or marketing purposes.
3. You agree not to use or launch any automated system, including without limitation, “harvesting bots,” “robots,” “spiders,” “offline readers,” or “scrapers” that accesses the Website. Notwithstanding the foregoing, BEWE grants the operators of public internet search engines permission to use spiders to copy materials, data or information from any user accounts (the “Materials”) from the Website for the sole purpose of creating publicly available searchable indices of the Materials, but not caches or archives of such Materials. BEWE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect, distribute or harvest any personally identifiable information, including account names or any non public personal information, from the Website, nor to use the communication systems for any purposes not authorized by BEWE. Specifically, you agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Website or the Service with respect to their submissions if applicable.
4. You acknowledge and agree that BEWE may use your company name in press releases and/or marketing communication that promotes the relationship between you and/or your company and BEWE. You further agree that BEWE may refer to the “fan pages” on websites that you measure with BEWE in press releases and/or marketing communication.
5. You acknowledge and agree that BEWE may access, preserve, and disclose your registration and any other information or data you provide if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in BEWE’s opinion to: (1) provide or improve the Services, (2) other compulsory disclosures; (3) enforce this Agreement; (4) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, company, or government agency; (5) respond to customer service inquiries; or (6) protect the rights, property, or personal safety of BEWE, other users or the general public.
6. You hereby agree that you shall not capture screenshots, copy or duplicate in any manner, post or publicize any of Social Intelligence’s or BEWE’s products or the Services without the prior written permission of BEWE.
Intellectual Property Rights
The content on the Website and the Service, including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BEWE, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you on an AS IS and AS AVAILABLE basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BEWE reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties or other users obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website or the Service or the Content therein.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following our Copyright Infringement Notification Process.
Limitation of Liability
To the extent allowed by applicable law and notwithstanding any failure of essential purpose of any limited remedy or limitation of liability: (a) BEWE will not be liable for any incidental, special, punitive, consequential, lost profits, or indirect damages of any kind (including damages for interruption of business, procurement of substitute goods, or the like) in connection with this agreement, including without limitation relating to Customer’s or any Client’s use of the Social Intelligence ServiceS, Documentation, BEWE Data, or Customer Reports; and (b) BEWE’s entire aggregate liability to any person or entity arising from or relating to this agreement, under any legal theory (whether in contract, tort, indemnity or otherwise), will not exceed the amount paid by Customer to BEWE under this Agreement for the six (6) month period immediately preceding any claim.
Customer acknowledges that access to the Services will be provided over various facilities and communications lines owned, maintained, and serviced by third-party carriers, utilities, or internet service providers, all of which are beyond BEWE’s control. BEWE assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on any communications lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on any communications lines.
You agree to defend, indemnify and hold harmless BEWE, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage or injury to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
YOU SPECIFICALLY ACKNOWLEDGE THAT BEWE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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