This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 10 contains certain changes to the general terms for users outside Republic Bulgaria.
Date: August 06, 2011.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (Statement) derives from the Bethour.com, and governs our relationship with users and others who interact with Bethour.com. By using or accessing Bethour.com, you agree to this Statement.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Bethour.com to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Bethour.com, and you can control how it is shared through your privacy and application settings. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Bethour.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you publish content or information using everyone setting, it means that you are allowing everyone, including people off of Bethour.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).
4. We always appreciate your feedback or other suggestions about Bethour.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety
We do our best to keep Bethour.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Bethour.com.
2. You will not collect users' content or information, or otherwise access Bethour.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Bethour.com.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not use Bethour.com to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of Bethour.com, such as a denial of service attack.
11. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
Bethour.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Bethour.com, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use Bethour.com if you are under 13.
6. You will not use Bethour.com if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Bethour.com that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Bethour.com if we believe that it violates this Statement.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks (including Bethour.com, Admiral Group ltd), or any confusingly similar marks, without our written permission.
6. If you collect information from users, you will: obtain their consent, make it clear you (and not Bethour.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
7. You will not post anyone's identification documents or sensitive financial information on Bethour.com.
8. You will not tag users or send email invitations to non-users without their consent.
6. Payments
1. If you make a payment on Bethour.com, you agree to our Payments Terms.
7. Amendments
1. We can change this Statement at any time without any notifications.
2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
8. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Bethour.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
9. Disputes
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Bethour.com (Admiral Group ltd) exclusively in court located in Sofia , Bulgaria. The laws of Republic Bulgaria, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Sofia, Bulgaria for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Bethour.com (Admiral Group ltd) , you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP BETHOUR.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BETHOUR.COM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BETHOUR.COM WILL BE SAFE OR SECURE. BETHOUR.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BETHOUR.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BETHOUR.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED LEVS (BGN 100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWO MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BETHOUR.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Special Provisions Applicable to Users outside Republic Bulgaria
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside Republic Bulgaria:
1. You consent to having your personal data transferred to and processed in Republic Bulgaria.
2. Certain specific terms that apply only for German users are available here.
11. Definitions
1. By Bethour.com we mean the features and services we make available, including through (a) our website at www.bethour.com and any other Bethour.com branded or co-branded websites, devices, or networks now existing or later developed.
2. By information we mean facts and other information about you, including actions you take.
3. By content we mean anything you post on Bethour.com that would not be included in the definition of information.
4. By post we mean post on Bethour.com or otherwise make available to us (such as by using an application).
5. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
6. By active registered user we mean a user who has logged into Bethour.com at least once in the previous 30 days.
7. By application we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
12. Other
1. This Statement makes up the entire agreement between the parties regarding Bethour.com, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. You will comply with all applicable laws when using or accessing Bethour.com