Effective Date: September 21, 2023
1. Intellectual Property
1.1 Except for content contributed by users (referred to as “User Material” – see Section 1.3 below), all materials and content available on the bePromoting website (collectively referred to as “Site Content”) belong exclusively to us and/or our licensors and business partners. This includes but is not limited to, catalogs, product photos, graphics, designs, artwork, text, written/editorial content, audio, video, animations, databases, layouts, user interfaces, software programs (including their source code and object code), and social media applications and plug-ins. All Site Content is protected by both U.S. and international copyright laws.
1.2 The terms “bePromoting” and associated logos and designs (collectively referred to as “Our Marks”) are our proprietary trademarks and service marks. They are protected by U.S. federal and state laws. Any other trademarks and logos found on our website are the property of their respective owners.
1.3 In this context, “User Material” refers to any visual, graphic, pictorial, photographic, written, or other content provided to us by users of the bePromoting website. You retain ownership of all User Material that you provide. However, please note that you grant us a license to use your User Material as outlined below.
1.4 The artwork, designs, trademarks, and logos displayed on products featured on the bePromoting website are for illustrative purposes only. They do not imply endorsements by, or production for, the owners of such artwork, designs, marks, or logos. These illustrations are not intended as advertisements. Items, as depicted with third-party trademarks, designs, and logos, are not available for sale to anyone other than those expressly authorized by the owners of such trademarks, designs, and logos.
2. Acceptance of Terms
3. User Registration
3.1 You may be required to create an account to access certain features of the Website. When registering, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 You must be at least 18 years old or have the legal capacity to enter into contracts in your jurisdiction to create an account on bePromoting.
4. Use of the Website
4.1 You agree to use the Website for lawful purposes and in compliance with these Terms and all applicable laws and regulations.
4.2 You may not:
- Violate any intellectual property rights, including copyrights and trademarks, of bePromoting or third parties.
- Use the Website in any way that may harm, damage, or impair its functionality or interfere with other users’ ability to use the Website.
- Engage in any form of unauthorized advertising, spam, or solicitation.
- Upload, post, or transmit any content that is unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable.
- Attempt to gain unauthorized access to the Website or any of its features.
- Use any automated means, such as bots or scrapers, to access or collect data from the Website.
5. Content Ownership and License
5.1 Any content you submit or upload to the Website, including text, images, videos, and other materials, remains your property. However, by submitting or uploading content, you grant bePromoting a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Website.
5.2 bePromoting retains the right to remove or modify any content that violates these Terms or is otherwise objectionable.
6. Payments and Fees
6.1 Some features and services on bePromoting may require payment. You agree to pay all applicable fees and charges, as described on the Website, in connection with your use of such features and services.
7.1 bePromoting reserves the right to terminate or suspend your account and access to the Website, with or without notice, for any reason, including violation of these Terms.
7.2 Upon termination, your rights to access and use the Website will cease immediately.
8. Disclaimers and Limitations of Liability
8.1 The Website is provided on an “as is” and “as available” basis. bePromoting makes no warranties or representations about the accuracy or completeness of the content on the Website.
8.2 In no event shall bePromoting 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 use or inability to use the Website; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) 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, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not bePromoting has been informed of the possibility of such damage.
9. Changes to Terms
bePromoting reserves the right to modify or update these Terms at any time. Any changes will be effective upon posting the revised Terms on the Website. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.
10. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at [email protected].
By using bePromoting, you agree to abide by these Terms and any future revisions. Thank you for choosing bePromoting for your e-commerce needs.