Conditions d'utilisation

By accessing the BE MY GUEST application or its website found at www.bemyguest.com, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”), irrespective of whether or not you create a BE MY GUEST account. If you wish to create a BE MY GUEST account and make use of the Service, please read these Terms of Use and the BE MY GUEST Privacy Policy.

If you do not accept and agree to be bound by all of the terms and conditions of this Agreement including the BE MY GUEST Privacy Policy, or you do not meet or comply with its provisions, do not use the Application or the Service. Please contact us with any questions regarding this Agreement.

The application and Service BE MY GUEST is the property of BE MY GUEST incorporated in the State of Delaware, United States of America

ACCEPTANCE OF TERMS OF USE

This Agreement is an electronic contract that sets out the legally binding terms you must accept to use the Application and to become a “Member.” For purposes of this Agreement, the term “Member” means a person who provides information to the Company on the Application to participate in the Service in any manner, whether such person uses the Service as a free member or a paying member. This Agreement may be modified by BE MY GUEST in its sole discretion at any time, and any such modifications will be updated on that user agreements. Your continued use of the Application after the posting of modifications to this Agreement will constitute your acceptance of such revisions.

This Agreement includes BE MY GUEST Acceptable Use Policy for Content Posted on the Application, BE MY GUEST Privacy Policy, any notices regarding the Application, and terms disclosed and agreed to by you if you become a Member or if you purchase or accept additional features, products, or services we offer on the Application.

By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the BE MY GUEST Service and terminate your accountand end your relationship with BE MY GUEST.

ELIGIBILITY

You must be at least 18 years of age to create an account on BE MY GUEST and use the Service. By creating and account and using the Service, you represent and warrant that you can form a binding contract with BE MY GUEST, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry

CREATING AN ACCOUNT

In order to use BE MY GUEST, you must have or create a Facebook account and sign in using your Facebook login. By doing so, you authorize us to access and use your personal Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other BE MY GUEST users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

TERM AND TERMINATION

This Agreement will remain in full force and effect while you use the Application and/or are a Member. You may terminate your membership at any time, for any reason by selecting Delete Account in Settings in your Profile. BE MY GUEST may terminate your membership for any reason, effective upon sending notice to you at your Facebook email address that was current when you became a member. If BE MY GUEST terminates your membership in the Service because it believes you have breached the Agreement, you will not be entitled to any refund of unused fees in respect of additional features or roses purchased.

NON-COMMERCIAL USE

You understand and agree that our Mobile Applications, Website and the Service are for personal use only and may not be used in connection with any commercial purposes. Organizations, companies, and/or businesses may not use the Service or our Mobile Applications / Website for any purpose. Illegal and/or unauthorized uses of these, including prostitution and/solicitation, financial fraud, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to them may be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress.

ACCOUNT SECURITY

Your account is for your personal use only and you are solely responsible for all activities that occur under your username. You undertake to keep your login credentials confidential. You must not authorise any other person to use or access your BE MY GUEST account. You must not share your BE MY GUEST account with any other person. You must not assign or transfer your BE MY GUEST account to any other person. You are solely responsible for all activities that occur under your BE MY GUEST account and your BE MY GUEST username and password and you acknowledge that BE MY GUEST is not responsible for third party access to your account that results from theft or misappropriation of your username or password. BE MY GUEST is never liable or responsible for any loss, cost or liability arising from your failure to comply with your obligations under this clause. You agree to immediately notify the BE MY GUEST of any disclosure or unauthorized use of your username or password or any other breach of security at cs@bemyguest.com.

INTERACTION WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. IN NO EVENT SHALL BE MY GUEST BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS YOU MEET THROUGH THE SERVICES.

BE MY GUEST makes no representations or warranties as to the conduct of users of the Services. BE MY GUEST does not conduct criminal background checks of ANY of its users. BE MY GUEST does not enquire into the background of ANY of the users of its Services or attempt to verify the statements of the users of its Services. BE MY GUEST reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time using available public records. BE MY GUEST reserves the right, but has no obligation, to monitor disputes between you and other users of the Services.

You agree to take reasonable precautions in all interactions with other users of the Services, particularly if you decide to meet off line or in person. You understand that BE MY GUEST makes no guarantees, either expressed or implied, regarding your ultimate compatibility with individuals you meet through the Services. You should not provide your financial information (e.g. your credit card or bank account information) to other users of the Services.

INTERACTION WITH PLACES

We take no responsibility for users' interaction with Places ( Bars Restaurants Coffee Venues, Clubs, Spas Adventure Attractions, Movie Theatres , Theatres, Museums etc.) . Going to any Place featured in our Service is deemed to be completely at the free will and discretion of our users. We take no responsibility for any loss, liability, cost or expense incurred by you as a result of your choice to go to any venue when using our Services.

When interacting with Places and Places staff you shall behave in a decent, respectful manner.

The view or behaviours of Places do not represent BE MY GUEST in any way.

PROPRIETARY RIGHTS

All rights, including rights of intellectual and industrial property (such as but not limited to copyrights, trademarks, trade names, rights in design, text, font, icons, rights in style, database rights, rights to domain names) pertaining to the Service, its software, its contents, and to BE MY GUEST (collectively ‘the Rights’), are owned and retained by BE MY GUEST, or our licensors. This Agreement does not constitute any transfer, assignment, licensing or granting or rights.

You agree not to copy, duplicate, reproduce, publish, make available, transmit, make derivative works, make similar works, sell, the Service and/or the Rights.

You may not remove or alter any notices appearing on the Service, including (but not limited to) trademark, trade name, copyright, patent notices.

ACCEPTABLE USE

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to BE MY GUEST or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.

You understand and agree that BE MY GUEST may, but is not obligated to, monitor or review any Content you post as part of a Service. BE MY GUEST may delete any Content, in whole or in part, that in the sole judgment of BE MY GUEST violates this Agreement or may harm the reputation of the Service or BE MY GUEST.

By posting Content as part of the Service, you grant to BE MY GUEST a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones.

In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:

  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • advocates harassment or intimidation of another person;
  • requests money from, or is intended to defraud, other users of the Service;
  • spams or solicits BE MY GUEST’s users;
  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them;
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.

BE MY GUEST reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators

Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that BE MY GUEST may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other BE MY GUEST users).

Prohibited Activities. BE MY GUEST reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way BE MY GUEST regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

  • impersonate any person or entity.
  • solicit money from any users.
  • post any Content that is prohibited as detailed above
  • "stalk" or otherwise harass any person.
  • express or imply that any statements you make are endorsed by BE MY GUEST without our specific prior written consent.
  • use the Service in an illegal manner or to commit an illegal act.
  • access the Service in a jurisdiction in which it is illegal or unauthorized.
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service. • interfere with or disrupt the Service or the servers or networks connected to the Service.
  • transmit any material 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.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
  • "frame" or "mirror" any part of the Service, without BE MY GUEST’s prior written authorization. • use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of BE MY GUEST) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

IN APP PURCHASES

The Service may be dependent on and/or may use third-party owned and/or operated Services and services, e.g., Apple App Store, Google Play, Facebook, Twitter, etc. (each, a “Third Party Service”) and may require that you be a registered member of such Third Party Services and provide certain account credentials and other information in order to access the Service. By using the Service, you agree to comply with any of the Service terms, conditions or requirements promulgated by any provider of a Third Party Service (e.g., Facebook’s Terms of Use, Apple App Store Terms of Use, Google Play etc.).

We may make certain products and/or services available to users of the Service in consideration of fees related to extra features such as the purchase of Roses (“Premium Services”). If you choose to use Premium Services, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium, and such additional terms are incorporated herein by reference. You may purchase Premium Services through the following premium payment methods (each, a “Premium Payment Method”): (a) the Apple App Store ®, (b) Google Play (each, a “Third Party Store. Once you have requested a Premium Service, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.)

If you choose to purchase Premium Services, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account e.g., Android, Apple, etc.

Moreover, BE MY GUEST and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any Premium Service purchases.

SERVICE AVAILABILTY

BE MY GUEST does not guarantee that the Application will be fully operational all the time reserves the right at any time to modify, change the appearence, discontinue, temporarily or permanently, the Service, in whole or any part thereof. with or without notice. You agree that the BE MY GUEST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. BE MY GUEST is never liable to you or any third party for such modification, change, discontinuance, adding / removing features, change in appearance

To protect the integrity of the Service, BE MY GUEST reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.. Members may face significant service disturbances.

USER INFORMATION

When you register for our Service on the Application, you will be asked to provide us with certain information, including but not limited to a valid Facebook account. BE MY GUEST’s right to use your User Information (User Profile) is described in our Privacy Policy. Please see our Privacy Policy for further details regarding use of your User Profile. BE MY GUEST reserves the right to offer third party services and products to you based on the preferences that you identify in your User Profile and at any time thereafter; such offers may be made by us or by third parties.

You acknowledge and agree that BE MY GUEST may disclose in whole or in part your User Profile if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend BE MY GUEST, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.

Notwithstanding any other provision of this Agreement or the Privacy Policy, BE MY GUEST reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, BE MY GUEST suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that BE MY GUEST, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that BE MY GUEST is permitted to make such disclosure.

COPYRIGHT

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the service in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the service (and such description must be reasonably sufficient to enable the company to find the alleged infringing material, such as a url);
  • your address, telephone number and email address;
  • a written 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
  • 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.

Notice of claims of copyright infringement should be provided to BE MY GUEST’s copyright agent at cs@bemyguest.com or the following address:

Copyright agent c/o BE MY GUEST XXXX XXXXXXX XXXXXXXXX

BE MY GUEST will terminate the accounts of repeat infringers.

DISCLAIMERS

Nothing in the Agreement shall exclude or limit BE MY GUEST’s liability for fraudulent misrepresentation or for death or personal injury resulting from gross negligence or wilful misconduct by BE MY GUEST.

BE MY GUEST does not make any representations or warranties, whether express, implied, statutory or otherwise with respect to the availability, fitness for purpose, quality and operating condition of the Service. The Service is provided ‘as is’ and ‘as available’. We do not represent or warrant that the Service is or will be free of errors and viruses, secure, safe, uninterrupted, available or that errors, bugs, or any faults whatsoever will be corrected.

You agree to and acknowledge that your use of the Service is at your sole risk. In particular, we do not represent or warrant to you that your use of the Service meet your requirements or is satisfactory to you.

We do not make any representation or warranties, whether express, implied, statutory or otherwise, with regard to any meetings, whether or not designated by the Service, between you and other users or persons. We do not make any representation or warranties that any other user is a ‘match’ for you or that there is a ‘match’ for you amongst other users.

Any material that you obtain, view or download by using the Service is at your own risk. You are solely responsible for and hereby waive all claims with respect to any damage to your software and hardware, computer, device, internet access, or loss or corruption of data that results or may result from downloading any such material.

BE MY GUEST may Post and/or make available through the Service third party advertising, advertorials, offers, opinions, statements, or other third party information or Content. All such third party content (including any links to third party content) is the responsibility of its respective authors and does not reflect the views of BE MY GUEST, opinions, advice, or information and should not necessarily be relied upon. You agree that solely the third party authors are responsible for third party content. We do not make any warranties or representation on the accuracy, truthfulness, completeness, fitness for purpose of any third party content, nor do we endorse that third party content. You agree that BE MY GUEST (including our current and future licensees, affiliates, employees, directors, officers, successors and third party partners) are not responsible or liable for any losses or damages resulting from your viewing, reliance upon or using third party content.

You hereby acknowledge and agree that to the maximum extent allowed by applicable law neither BE MY GUEST, nor our current and future licensees, affiliates, employees, directors, officers, successors and third party partners have any liability to you or any third person or entity for any direct, indirect, consequential, incidental, exemplary, reliance, special or punitive damages, including without any limitation, damages for loss, loss of profits, loss of goodwill, Service interruptions, Service unavailability, corruption or breaches of data or programs, and procurement of substitute services, even if we have been advised of the possibility of such damages, and whether or not such is the result (or alleged to be the result) of:

  • your behaviour or the behaviour of any user of the Service, whether while using the Service, in meetings, online or offline;
  • termination of your account;
  • removal, modification, incorrect or delay in delivery, incorrect storage, whether partially or the whole of any Content, communication, information or your settings;
  • Content, information or material Posted by you or others;
  • Content, information or material Posted by you or others;

Notwithstanding the foregoing and to the maximum extent allowed by applicable law, in the event that BE MY GUEST is liable to you, our liability is always limited to the amount we are insured for by our insurance. We will provide you with our insurance policy upon request at cs@bemyguest.com. In the event our liability is not insured, our liability is limited to the amount paid, if any, by you to us for the Service while you have (had) an account.

Any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

You agree to indemnify and hold BE MY GUEST and our current and future licensees, affiliates, employees, directors, officers, successors and third party partners, harmless from any liability, loss, claim, or demand, and including reasonable attorney's fees, made by any third party, whether valid or not, due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and for any information, material, Content you Post in the Service, and the violation of any law or regulation by you.

You specifically acknowledge and agree that BE MY GUEST is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the application without liability.

LINKS

The Application may contain, and the Service may provide, links to sites that are not maintained by BE MY GUEST. While BE MY GUEST tries to include links only to those sites which are in good taste and safe for our users, BE MY GUEST is not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Application does not imply BE MY GUEST’S endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Application or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that BE MY GUEST 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 the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

LIMITATION ON LIABILITY

To the fullest extent allowed by applicable law, in no event will the BE MY GUEST, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if BE MY GUEST has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, BE MY GUEST's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of the amount paid, if any, by you to the company for the service while you have an account or United States $50.00 .

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

Be my guest is not responsible for any interruption or suspension of the service, regardless of the cause of the interruption or suspension.

ARBITRATION & GOVERNING LAW

The Agreement, your rights and obligations and all actions contemplated by the Agreement shall be governed by the laws of the State of Delaware, United States of America. As a condition of using the Service each user agrees that any and all disputes and causes of action arising out of or connected with BE MY GUEST, shall be resolved through BINDING ARBITRATION administered by the American Arbitration Association. The only exceptions to this Agreement to arbitrate disputes are claims of infringement or misappropriation of BE MY GUEST’S copyright, patent, trade secrets, trademarks or any other intellectual property or property rights which BE MY GUEST may elect to have resolved by means other than arbitration.

Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to the Services shall be resolved individually, without resort to any form of class action. You also agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one year after such claim or cause of action arose, or be forever barred. The failure of any party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.

In any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable.

INDEMNIFY

You agree to defend, indemnify, and hold harmless BE MY GUEST, its subsidiary and parent companies and each of their officers, directors, employees, agents and related third parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Application, the Service or your breach of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Application or as a result of the Service, and the violation of any law or regulation by you. You, and your estate in the case of your death, further agree that this indemnification provision covers all third party claims, actions or demands, including those filed by your spouse, children, or family. BE MY GUEST reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BE MY GUEST in connection therewith.

RELEASE

You hereby release and forever discharge BE MY GUEST ( and our officers, employee agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to your use of the Service, the use of the Service by other BE MY GUEST users, or any interactions with, or act or omission of, or user submissions provided by other BE MY GUEST users or other third party sites, products, services and links included on or accessed through the Service.

IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, USA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".

CHANGES TO TERMS OF SERVICE

ny changes We make to the Terms of Service in the future will be posted on this page (http://www.bemyguest.com/terms) and, where appropriate, notified to you by e-mail or when you next start the App. You agree that by accessing or using the App or the Site at any time after such a change you will be confirming your acceptance of the new version of the Terms of Service. Your continued use of the App and the Service following the posting of changes to the Terms of Srevice will mean you consent to and accept those changes. If you do not consent to such changes you can delete your account by following the instructions under Settings.

GENERAL PROVISIONS

Violation of this Agreement may cause BE MY GUEST irreparable harm, and you therefore agree that BE MY GUEST will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that BE MY GUEST may have for a breach of this Agreement.

This Agreement, accepted upon use of the Application and further affirmed by becoming a Member of the Service, the Privacy Policy located on the Application, and any applicable payment, additional Service terms, compromise the entire agreement between you and BE MY GUEST regarding the use of the Application and/or the Service, superseding any prior agreements between you and BE MY GUEST related to your use the Application or Service (including, but not limited to, any prior versions of this Agreement).

Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of BE MY GUEST to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

You agree that this Agreement and your online account cannot be assigned or transferred without the prior written consent of BE MY GUEST who may assign this Agreement in whole or in part.

Notifications: (push notification and email or text message) are used to send you messages from the Service. By registering to use the Service you agree to receive notifications from BE MY GUEST. You can always customize your preferences regarding notifications later in your User Profile > Settings > Notifications and unsubscribe from emails.

BE MY GUEST Customer Service provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind BE MY GUEST in any manner.

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