Last Updated January 20, 2020
If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at LyveBee.com. Except as provided in this paragraph, this Agreement may not be amended.
A. A user is someone who accesses, browses, crawls, scrapes, interacts with, or in any way uses the Site. The term user also refers to those individuals, businesses, and other entities offering advice, information, or other expertise (hereinafter collectively referred to as “Consultants”) on the Site, as well as those individuals, businesses, and other entities seeking advice, information, or other expertise from Consultants (and hereinafter collectively referred to as “Customers” or “Clients”) on the Site. The terms you and your refer to you, as users, Consultants, Customers or Clients. The terms we, us, our, and LyveBee.com, refer to LyveBee, Inc.
B. Content means text, images, photos, audio, video, and all other forms of data or communication. Your Content means Content that you submit or transmit to or through the Site, such as any information that you display as part of your right to access this Site. User Content means Content that users submit or transmit to or through the Site. LyveBee.com Content means Content that we create and make available on the Site. Third Party Content means Content that is made available on the Site by parties other than LyveBee, Inc. or its users, such as data providers who license data to LyveBee, Inc. for use on the Site. Site Content means all of the Content that is made available on the Site, including your Content, user Content, Third Party Content, and LyveBee, Inc. Content.
You must be at least 13 years old to use the Site. Individuals 12 years old and younger are prohibited from using the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Agreement (which authority you hereby exercise).
3. Changes to the Agreement
4. User Accounts
To use some of the features on the Site, you will be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
A. An Individual Account is an account for your individual use only. In creating an Individual Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to and user of the Site. You may not impersonate someone else (e.g. adopt the identity of a celebrity, your next-door neighbor, a stranger, or a fictional persona), provide an email address other than your own, or create multiple Individual Accounts.
B. A Business Account is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
5. Use of the Site
6. Restrictions on Use
You agree that you will not, and will not assist or enable others to:
B. Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
C. Use the Site for promotional or commercial purposes other than those specified in this Agreement, except as expressly allowed in writing by LyveBee.com;
D. Use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting fake, fraudulent, or inauthentic reviews;
E. Use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
F. Use the Site to promote bigotry or discrimination against other individuals or groups;
G. Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
H. Use the Site to submit or transmit illegal content or any such content that may be pornographic, graphic, offensive, or otherwise inappropriate;
I. Use the Site to solicit personal information from minors;
J. Use the Site or to harm or threaten to cause harm, offend, cause offense, injure, or cause injury to any person or organization;
L. Modify, adapt, appropriate, reproduce, distribute, translate, or create derivative works or publicly display, sell, trade, or in any way exploit the Site or Site Content (other than your Content), except as expressly authorized by LyveBee.com;
M. Reverse engineer any portion of the Site;
N. Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
O. Record, process, or mine information about other users;
P. Use site search/retrieval application, process or means to access, retrieve, scrape, or index the Site or any Site Content;
Q. Access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews;
R. Reformat or frame any portion of the Site;
S. Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the technology infrastructure on LyveBee.com;
T. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
U. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, Viruses); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use of Site Content, or features that enforce limitations on the use of the Site;
V. Use the Site to facilitate the payment or transfer of funds to, from, or through countries or territories where such financial transactions would otherwise be prohibited by national or international law or regulation;
W. Use the Site or any Site Content or take any action that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
LyveBee reserves the right to refuse access to the site or its services to any individual or business, either due to violation of one or more of the aforementioned restrictions, or at LyveBee’s discretion.
7. Forfeit of Payment
Consultants who misuse the Site may forfeit the right to payment for consultations associated with unlawful or suspicious activities. In the event that any user engages in unlawful or otherwise prohibited or restricted activity on or through the Site, or engages in activities or a pattern of behavior that raises a reasonable suspicion that LyveBee’s services are being used for the purposes of unlawful or otherwise prohibited or restricted activity, LyveBee reserves the right to return any monies transferred by a Customer, and knowingly or inadvertently intended to consummate such a transaction, to that Customer.
8. Responsibility for Your Content
You alone are responsible for your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, safety, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by LyveBee.com.
9. Permission to Use Your Content
We may use your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, promoting it, distributing it, and allowing others to do the same in connection with their own websites. As such, you irrevocably grant us permission to use your Content for any such purpose. You also irrevocably grant the Site’s users and the users of any websites the right to access your Content in connection with their use of the Site and any website. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of intellectual or creative rights or attribution with respect to your Content.
10. Liability for Use
You understand and acknowledge that you may expose yourself to liability if, for example, your Content violates any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You further understand and acknowledge that any liability to you resulting from your use of the Site will not extend to or be assumed by LyveBee.com.
11. Further Use of Content
We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We do we guarantee any confidentiality with respect to Your Content.
LyveBee.com and its licensees may display advertisements and other information adjacent to or included with your Content on the Site and other websites. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
13. Declaration of Website Owner of Copyrights, Trademarks and Patents
The content included on this website, such as text, graphics, logos, icons, images, audio clips and software, is the exclusive property of LyveBee, Inc., and protected by U.S. and international copyright laws. Any software used on this site is the property of LyveBee, Inc., or its software suppliers and protected by U.S. and international copyright laws. The content and software on the Site may be used as a learning resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site is strictly prohibited.
LyveBee.com is a registered trademark of LyveBee, Inc. LyveBee, Inc., trademarks may not be used in connection with any product or service that does not belong to LyveBee, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LyveBee, Inc.
15. Notice and Procedure for Making Claims of Copyright
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LyveBee.com the written information specified below. Please note that this procedure is exclusively for notifying LyveBee.com and its affiliates that you believe your copyrighted material has been infringed. A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; B. A description of the copyrighted work that you claim has been infringed upon; C. A description of where the material that you claim is infringing is located on the site; D. Your address, telephone number, and e-mail address; E. 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; F. 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.
16. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, LyveBee.com designates the following individual as its agent for receipt of notifications of claimed trademark and/or copyright infringement: Madhavi Deshmukh, 1999 South Bascom Avenue, Suite 700, Campbell, CA.
17. Site Availability
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
18. Unauthorized Access
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
B. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (Feedback), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
LyveBee, Inc., owns the Site, including but not limited to visual and interactive features, graphics, design, compilations, computer codes, products, software, and all other elements and components of the Site inclusive of User Content and Third Party Content.
23. Warranties, Disclaimers, and Limitations of Liability
LyveBee, Inc., owns the Site, including but not limited to visual and interactive features, graphics, design, compilations, computer codes, products, software, and all other elements and components of the Site inclusive of User Content and Third Party Content. A. The site and all site content is made available to you on an “as is” basis. Lyvebee, Inc., makes no warranties, representations, or conditions of any kind, express, statutory or implied as to (1) the operation and functionality of the site, (2) the accuracy, integrity, completeness, quality, legality, usefulness, safety, and IP rights of any of the site content, including but not limited to the services rendered on the site by Consultants and the accuracy of business reviews and business information listed on the site, and (3) the products and services associated with the site or site content, including but not limited to the products and services sold by businesses listed on the site. Lyvebee, Inc., further disclaims all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, that you obtain from Lyvebee, Inc., or the site shall create any warranty, representation, or condition not expressly stated herein. The services provided by LyveBee, Inc. through LyveBee, Inc., are limited to providing the connector services via the internet between customer and consultant. Any content, opinions, advice or information provided on this Website are for informational purposes only. LyveBee, Inc., does not warrant the accuracy, safety, completeness or quality of any information contained on the Site or on any other websites owned or maintained by Consultants or third parties. This website should not be used as an alternative to treatment by a licensed practitioner. B. Lyvebee, Inc., disclaims all liability for any (a) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (b) loss of profits, (c) business interruption, (d) loss of or damage to reputation of Lyvebee, Inc., or any third party, or (e) loss of information or data. C. Lyvebee, Inc., further disclaims all liability for any loss or damage arising out of your use of the Site and Site Content. Your use of the Site and Site Content is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to any loss of data or damage to your computer from viruses that may be downloaded to your computer in the course of using the site. D. Lyvebee, Inc., also disclaims all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, or users on the site. Your communications or dealings with such businesses, advertisers, and users are solely between you and them, though Lyvebee, Inc., reserves the right to monitor disputes between you and them. You expressly agree that the information provided on this website and the services, or Lyvebee, Inc.’s inability to provide the services, is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law. Maximum aggregate liability to you for any cause whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to Lyvebee, Inc., in connection with the site in the 12 months prior to the action giving rise to liability, or (ii) $100.00.
Furthermore, although LyveBee provides a means for Consultants to interact with Customers, LyveBee makes no warrants nor provides any guarantees that Consultants will be contacted by Customers, nor that Consultants will reap any monetary gains from or through LyveBee or its services.
25. Email Notifications
You may receive notifications and updates from time to time from LyveBee.com. If you wish to unsubscribe from email notifications, you may do so by sending an email to support@LyveBee.com or by modifying your preferences in the emails you receive. Please note, however, that important account-related and security-related information will continue to be sent to you even if you unsubscribe from all other notifications.
26. Third Parties
The Site may include links to other websites (a Third Party Site). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.
27. No Waiver
28. Governing Law
30. Mandatory Arbitration
31. Entire Agreement
32. Modification of Agreement
33. Assignment of Rights