Terms of Use

 

Welcome to https://beau21.com/ In order for you, or your company, to obtain or continue using services as described at https://beau21.com as such descriptions may be changed by https://beau21.com/ from time to time (the "https://beau21.com/ Services"), you must agree to hand accept the terms and conditions of this agreement (the "Agreement"). This Agreement sets out the terms and conditions under which you may utilize the https://beau21.com/ Services. Please read this Agreement carefully. It is important that you understand that upon your acceptance of this Agreement, by continuing to use any of the https://beau21.com/ Services.

 1.

YOUR ACCEPTANCE BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the https://beau21.com/ domain name, the "https://beau21.com/ Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF https://beau21.com/ PRIVACY NOTICE, WHICH ARE PUBliSHED AT https://beau21.com/privacy AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the https://beau21.com Website.

 2.

ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO YOU For uploading and viewing video contents in this website, you are subject to terms and conditions to youtube.com Terms of Service, which are published at https://www.youtube.com/

 3.

https://beau21.com WEBSITE These Terms of Service apply to all users of the https://beau21.com Website, including users who are also contributors of video content, information, and other materials or services on the Website. The https://beau21.comWebsite may contain links to third party websites that are not owned or controlled by https://beau21.comhttps://beau21.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, https://beau21.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve https://beau21.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the https://beau21.com Website and to read the terms and conditions and privacy policy of each other website that you visit.

 4.

WEBSITE ACCESS

    • Access to the Site and certain of its features are provided to all Users free of charge. However, https://beau21.com/ reserves the right, without prior notice, to restrict access to certain areas or features of the Site to paying Users or Users who undergo a specific registration process. Access to and use the Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement. https://beau21.com/ reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of https://beau21.com/
    • In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify https://beau21.com/ immediately of any breach of security or unauthorized use of your account. Although https://beau21.com/ will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of https://beau21.com/ or others due to such unauthorized use. 
    • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the https://beau21.com/ servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, https://beau21.com/ grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. https://beau21.com/ reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. 

 

 5.

REGISTRATION AND PRIVACY Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by beau21.com registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or beau21.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, beau21.com has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All beau21.com registrations become the exclusive property of beau21.com, its subsidiaries. Beau21 reserves the right to use and reuse all registration and other personally identifiable user information. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in beau21.com sites.

 6.

MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Beau21, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Beau21 does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will beau21.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

    • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • impersonate any person or entity, including, but not limited to, a beau21.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • upload, post, email, transmit or otherwise make available 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;
    • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
You acknowledge that beau21.com may or may not pre-screen Content, but that beau21.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Beau21 and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that beau21.com 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 to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Beau21, its users and the public.

  1. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize beau21.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to beau21.com, you hereby grant beau21.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the beau21.com Website and beau21.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the beau21.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the beau21.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the beau21.com Website.
  2. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant beau21.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage beau21.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. beau21.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and beau21.com expressly disclaims any and all liability in connection with User Submissions. beau21.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and beau21.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. beau21.com reserves the right to remove Content and User Submissions without prior notice. beau21.com will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. beau21.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. beau21.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

 

 7.

LICENSE TO MEMBER WEB PAGES AND OTHER USER CONTENT By submitting a web page to beau21.com, or any other web page hosting service on beau21.com, you grant beau21.com a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within beau21.com. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular Beau21 service. You acknowledge and agree that beau21.com runs advertisements on the web pages of its users and grant beau21.com the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising is subject to change.

 8.

TRANSACTIONS BETWEEN BUYERS AND SELLERS By submitting a web page to Beau21, or any other web page hosting service on Beau21, you grant beau21.com a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within beau21.com. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular beau21.com service. You acknowledge and agree that beau21.com runs advertisements on the web pages of its users and grant beau21.com the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising is subject to change.

 9.

DISCLAIMER Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. beau21.com makes no representations whatsoever about other web sites which you may access through this one. When you access a non-beau21.com web site, please understand that it is independent from beau21.com, and that beau21.com has no control over the content on that web site. In addition, a link to a non-beau21.com web site does not mean that Beau21 endorses or accepts any responsibility for the content, use, or products and services made available through such web site. IN NO EVENT WILL beau21.com BE liABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERliNKED WEB SITE, INCLUDING, WITHOUT liMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBIliTY OF SUCH DAMAGES. INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPliED, INCLUDING, BUT NOT liMITED TO, THE IMPliED WARRANTIES OF MERCHANTABIliTY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPliED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE BEAU21 WEBSITE SHALL BE AT YOUR SolE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEAU21, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPliED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BEAU21 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES liNKED TO THIS SITE AND ASSUMES NO liABIliTY OR RESPONSIBIliTY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF trANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, trOJAN HORSES, OR THE liKE WHICH MAY BE trANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, trANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEAU21 WEBSITE. BEAU21 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBIliTY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BEAU21 WEBSITE OR ANY HYPERliNKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEAU21 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY trANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE

 10.

LIMITATION OF liABIliTY IN NO EVENT SHALL beau21.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE liABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF trANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, trOJAN HORSES, OR THE liKE, WHICH MAY BE trANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, trANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEAU21 WEBSITE, WHETHER BASED ON WARRANTY, CONtrACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBIliTY OF SUCH DAMAGES. THE FOREGOING liMITATION OF liABIliTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPliCABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BEAU21 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. The Website is controlled and offered by beau21.com from its facilities in the United States of America. Beau21 makes no representations that the beau21.com Website is appropriate or available for use in other locations. Those who access or use the beau21.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 11.

INDEMNITY You agree to defend, indemnify and hold harmless Beau21, 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 Beau21 Website; (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 to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the beau21.com Website.

 12.

LINKS The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because beau21.com has no control over such sites and resources, you acknowledge and agree that beau21.com 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 Digg 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.

 13.

ABILITY TO ACCEPT TERMS OF SERVICE You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the beau21.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the beau21.com Website, there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

 14.

ASSIGNMENT These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by beau21.com without restriction.

 15.

GENERAL You agree that: (i) the beau21.com Website shall be deemed solely based in California; and (ii) the beau21.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over beau21.com, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Beau21 that arises in whole or in part from the Bbeau21.com Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms of Service, together with the Privacy Notice at https://www.beau21.com.com/privacy and any other legal notices published by beau21.com on the Website, shall constitute the entire agreement between you and beau21.com concerning the beau21.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and beau21.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. beau21.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the beau21.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND beau21.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE beau21.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 16.

PREMIUM SERVICES

    • Access to the Site and certain of its features are provided to all Users free of charge. However, beau21.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
    • beau21.com reserves the right to deny Premium Services to any User for whatever reason in order to protect beau21.com's interests.