We’re Grateful you’ve decided to use Bequeathit to express your thoughts or feelings digitally. There are some rules and requirements you must agree and adhere to in order to use our Services. These are outlined in this Terms of Service agreement which form a legally binding contract between you and Bequeathit. Your use of our Services constitutes your agreement with these Terms of Service in their entirety.
What is Bequeathit
The intent of Bequeathit is to enable its users to convey their thoughts or feelings honestly and accurately in the digital universe. By agreeing to these Terms you understand that Use of Bequeathit is strictly for entertainment purposes only. Bequeathit is in no way associated with any offers, commitments, promises or any type of transfer included in any user communications, including any tangible or intangible items and you agree that Bequeathit is Held Harmless and in no way liable for any claim relating to the use of the Services. The use of our Services does not create any obligation or guarantee by Bequeathit or its users.
Use of Services
No person under the age of 12 is permitted to create a user account or use the Services we provide when using an Android device. You must be over 17 to use Bequeathit on an Apple device. Through your use of the Services provided, you state that
- You are entering a binding contract with Bequeathit. If you are an Android user who is 12-17, a parent or legal guardian has reviewed these Terms of Service on your behalf and agreed to them;
- You are not prohibited from using the Services under applicable laws in any jurisdiction whatsoever;
- You agree to comply with these Terms of Service as well as any and all applicable local, state, national, and international laws, rules, and regulations.
- You have the proper authorization to grant licenses and agree to these Terms of Service on behalf of a business, charitable organization, NGO, agency or any other type of formal or informal entity; and
- You will not contribute any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information on Bequeathit. You usage of Bequeathit gives us the right to remove or limit the availability of your content contributions as we deem appropriate. Further; you understand and agree that Bequeathit is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information created by you.
You also grant Bequeathit and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice in any and all media and distribution channels (now known or later developed) in connection with any posting using the Services provided the posting was public at the time it was selected for use.
Bequeathit reserves the right to access, review, screen, modify and delete your content at any time and for any reason, including if we believe your content violates any of these Terms. It is each users responsibility to ensure the security of their user account and that the content you create, post, store, or send through the Services comply with these Terms. User feedback or suggestions may be submitted through the Services or any available communication medium and no compensation, monetary or otherwise, is due to as a result.
The Content of Others
Bequeathit was created to promote positive and meaningful interactions between users. We cannot guarantee that content on the Services conforms to our mission or these Terms. Since the content on our Services is produced by users, publishers, and other third parties it is the sole responsibility of the person or organization that posts it to ensure it complies with these Terms regardless of whether that content is posted publicly or sent privately,. Bequeathit reserves the right to review all content that appears on the Services and alter or remove any content that violates these Terms. Bequeathit does not take any responsibility for any content that you or any others provide through the Services.
It is every user’s obligation to ensure they do not use the Services in a manner that violates the rights and privileges of other users. This includes intellectual property, trademark, copyright, privacy, contributing objectionable content or other rights. No user may use the Services to defame, harass, bully, impart harm, spam or solicit any other user.
These Terms do not grant you any right to use any Bequeathit marks including branding, logos, designs, photographs, videos, sounds or any other materials used in our Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any portion of the Services except as set forth in these Terms.
In accordance with the Digital Millennium Copyright Act we will take reasonable steps to remove any infringing material from our Services that we become aware of. We reserve the right to terminate any user account that repeatedly violates the Digital Millennium Copyright Act. If you suspect copyright infringement or feel content you own is being infringed upon please notify us through the Services so we can review your claim, Your notice must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- provide your contact information, including your address, telephone number, and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our Services are intended to be an uplifting and safe place for all users. To ensure the safety of other users of the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms;
- You will not use or attempt to use another user’s account, username, or password without their permission;
- You will not solicit login credentials from another user;
- You will not post content that contains pornography, graphic violence, threats, hate speech, objectionable material or incitements to violence;
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- You will not probe, scan, or test the vulnerability of our Services or any system or network; and
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
- You will not use or develop any third-party applications that interact with other users’ content or the Services without our written consent;
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- You will not encourage or promote any activity that violates these Terms.
You are also responsible for your own safety and should not use the Services in any manner that may jeopardize your own safety in any way or cause you to jeopardize the safety of others
You are solely responsible for any activity that occurs in your user account and must keep your account secure. By using the Services, you agree that:
- You will not create more than one user account for yourself;
- You will not create another account after your account has been disabled or deactivated for violating these Terms;
- You will not buy, sell, rent, or lease access to your user account, Aura or other points or value metric incorporated with the Services without our expressed written permission;
- You will not share your password and will change your password if you believe it may be compromised; and
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you believe another person may have gained access to your account you should immediately use the reporting tool included in the Services to notify Bequeathit.
Bequeathit grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use the Service’s.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including data charges. If you’re unsure what those charges may be, you should make an inquiry to your service provider or network operator before using the Services.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Bequeathit is not responsible or liable for any third party’s terms or any actions taken under the third party’s terms.
Modification of Services
We may add or remove features or functionalities as we improve or refine the Services and we may also suspend or stop the Services altogether. These actions may be taken at any time, and you may not be provided with any advanced notice. You can terminate these Terms at any time and for any reason by deleting your account or uninstalling the app from your device. We may also terminate these Terms with you at any time, for any reason, and without advance notice. We may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. Upon termination and regardless of who terminates these Terms, both parties continue to be bound by all applicable Terms in perpetuity.
You agree to indemnify, defend, and hold harmless Bequeathit, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms. If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE BEQUEATHIT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
BEQUEATHIT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH BEQUEATHIT WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEQUEATHIT AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF BEQUEATHIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BEQUEATHIT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID BEQUEATHIT, IF ANY, IN THE LAST 12 MONTHS.
NO ACTUAL CASH VALUE CAN BE CLAIMED FOR ANY POINTS, STATUS, VIRTUAL CURRENCY ACCRUED DURING THE USE OF THE SERVICES.
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.
Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE ANY AND ALL DISPUTES WITH BEQUEATHIT, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. All claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and Bequeathit are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Bequeathit. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bequeathit.
Waiver of Jury Trial. YOU AND BEQUEATHIT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Bequeathit are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and Bequeathit over whether to vacate or enforce an arbitration award or otherwise, YOU AND BEQUEATHIT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth in Section 18.
Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Small Claims Court. Notwithstanding the foregoing, either you or Bequeathit may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Bequeathit.
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Bequeathit agree that all claims and disputes in connection with the Terms or the use of the Services will be litigated exclusively in the United States District Court for the State of New Jersey. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes in connection with the Terms or the use of the Services must be litigated exclusively in the Superior Court of New Jersey, County of Monmouth. You and Bequeathit consent to the personal jurisdiction of both courts.
The laws of the State of New Jersey, other than its conflict-of-laws principles, will govern all disputes between you and Bequeathit, but only to the extent they are not preempted by the Federal Arbitration Act.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms make up the entire agreement between you and Bequeathit, and supersede any prior agreements. These Terms do no create or confer any third-party beneficiary rights. A lack of enforcement of a provision in these Terms will not be considered a waiver. Bequeathit reserves all rights not expressly granted to you.