This document shall regulate the use of all services (hereinafter: Services or DBBEE service) provided by dbBee (hereinafter: Provider) to users (hereinafter: User) through the DBBEE.COM System (hereinafter: DBBEE), as well as the use of the web space located on the dbbee.com domain name and/or any sub-domain name such as thyme.dbbee.com (hereinafter: Server or Web Site), for the purpose of posting their own content (User Content).
Subject and Acceptance
This document shall regulate the relations, rights and obligations connected to providing DBBEE services by the Provider and its use by the User.
The User guarantees that he shall be fully capable to enter into a business relation with the Provider and that by using the DBBEE service, he shall accept the conditions, obligations and guarantees and other statements made in this document.
Should the User initiate and use the DBBEE service in the name of a legal entity, the User guarantees that (a) he is authorized to represent that legal entity and conclude contracts and sign legal documents in the name of that legal entity and (b) he accepts that hereinafter the word User shall apply to that legal entity, and not to him personally.
As part of the Services, the Provider shall provide a web space on the Server.
The Provider shall give User access to dbBee control panel (Dashboard) and its configuration modules (Wizards), which shall enable the User to add, modify and delete the programming code and all other parts of User’s solution independently, and without Provider intervention.
The Provider is under no obligation to fix any errors that occur as a result of User’s activities.
To register and become a "member" of the Web Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving DBBEE Service.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, DBBEE will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of DBBEE Services, or any portion thereof.
It is DBBEE's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the DBBEE website platform Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access DBBEE Services. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
Member Account, Username, Password and Security
After completion of the registration data and creation of your username, you will receive a random password which you can later change and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify DBBEE immediately if you notice any unauthorized access or use of your account or password or any other breach of security. DBBEE shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the ToS.
Limitations on free dbBee account
1. All dbBee applications created using the free account display “Powered by dbBee” footer. This content can be changed by dbBee without any prior notice, nor consulting with users, at our sole discretion. It is strictly forbidden for users to change or disable this footer in any way.
2. All dbBee applications created using free dbBee account have limitation on number of records that can be used with the application. The number of records can be changed by dbBee without any prior notice, nor consulting with users, at our sole discretion.
3. Single individual or business entity can have only one free dbBee account.
4. Merging two or more free dbBee accounts is strictly prohibited. It means that users cannot use two or more free dbBee accounts on a single web site in order to extend the number of available projects.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, data, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of DBBEE Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/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 by DBBEE.
Furthermore, you herein agree not to make use of DBBEE Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any DBBEE officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any DBBEE Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law;
l) "stalking" or with the intent to otherwise harass another individual; and/or
m) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
DBBEE herein reserves the right to pre-screen, refuse and/or delete any content currently available through DBBEE Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
DBBEE herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of DBBEE, its visitors, users and members, including the general public.
DBBEE herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by DBBEE or any other content providers supplying content services to DBBEE. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in DBBEE Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by DBBEE Services, despite whether done so in whole or in part, is expressly prohibited.
It shall be exclusively the User's obligation to provide User Content necessary for activating and using the DBBEE service. The Provider shall not in any way be held responsible for the accuracy of the User Content in the linguistic, legal or any other sense, and the User shall be exclusively responsible for the User Content. In accordance with this Contract, the Provider shall never alter the User Content on his own initiative, but may do so at the written request by the User and along with a separate written agreement regulating the providing of this service.
The User guarantees to the Provider and, while using the DBBEE service, he agrees to continually ensure that:
he is the owner or authorized user of the User Content and that he has gathered all necessary licenses, permits and approvals for using the User Content and all its elements, including but not restricted to all brands, logotypes and names used in the content, without any kind of obligation for the Provider to pay any kind of compensation on any grounds for that and to any legal or natural entity; (b)
the User's usage, publishing and presentation of the User Content shall not infringe any copyrights, a patent, brand, business secret or any other intellectual property or property right, nor shall it injure any other right of any other person, including, but not restricted to any kind of contractual, statutory or other rights guaranteed by law or defined by common moral norms; (c)
the User shall respect the relevant legislation, rules and regulations that refer or might refer to the User Content, and shall in compliance with this use the DBBEE service exclusively for legal purposes; (d)
the User shall undertake all reasonable measures to keep the User Content free of computer viruses, worms, Trojans and other malevolent and harmful contents.
. Provider expressly disclaims any warranty for the Service. The Service and any related documentation are provided "as is". DBBEE makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DBBEE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Web Site or otherwise relating to such materials or on any sites linked to this Web Site. The entire risk arising out of use or performance of the Service and Web Site remains with you.
NO LIABILITY FOR DAMAGES
. In no event shall Provider be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Service and/or Web Site, even if Provider has been advised of the possibility of such damages.
Availability of Services
Provider does not warrant that the Services will be available 24 hours per day, 7 days per week, nor does it warrant that the Services will be provided properly or completely.The provider will have no liability to you for the unavailability of the Services at any time. In addition, Provider reserves the right, in its sole discretion, at any time and without prior notice, to refuse access to the Services to any individual, company, network, institution or other entity in violation of the terms of this TOS, or to cease providing the Services in whole or in part. If your access to the Services is suspended or interrupted or a fault or defect occurs which prevents your access to the Services, Provider will attempt to restore access to the Services (to the extent determined solely by the Provider in its discretion).
By providing the DBBEE service, the Provider shall not be obliged to provide maintenance services of the User Content which shall be the exclusive responsibility of the User and all subsequent interventions to the presentation undertaken by the Provider shall be done exclusively at the written request of the User and charged separately.
Copyrights and Intellectual Property Rights
All copyrights and intellectual property rights of the User Content shall belong to the User without limitations.
By virtue of this Contract, the Provider shall transfer to the User the rights to use Services, Dashboard and Wizards in the period of validity of this Contract.
Should the published User Content be contrary to legal, social and moral norms generally accepted by the public, the Provider shall have the right to arbitrarily or by order of management bodies make parts of the User Content or the whole User Content unavailable on all relevant levels. If the parties cannot agree regarding what is and what is not in accordance with the aforementioned norms, the Provider shall have the discretional right to apply his own standards and act accordingly.
Solely for Paid Services
The User shall make payments for using the DBBEE service according to a selected paid plan.
After the expiration of the paid period, the Provider may raise the service price, in its sole discretion, at any time and without prior notice. Changes to service price will not apply to user accounts that have automatic subscription renewal.
The service fee does not include taxes or other obligatory payments to the state.
All fees shall be deemed fully earned by the redemption date and irretrievable from the day of the payment.
DBBEE system automatically suspends User Content upon expiration of paid period, while access to the Dashboard and Wizards will remain available to the User even after paid period has expired.
Terms of Service Modifications
Any controversy or claim arising out of or relating to this ToS, the formation of this ToS or the breach of this ToS, must be brought in Federal Court located in Sarajevo, BA.
The duration of the provisions put forward in this document shall be established for an indefinite period of time, and they shall enter into force when the User confirms accepting it on-line.
As a member of DBBEE, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com
As a member, you agree that DBBEE may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to DBBEE Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the non-payment of any associated fees that may be owed by you in connection with your DBBEE account.
h) any unfair use of the service
If the parties cannot agree regarding what is and what is not in accordance with the aforementioned norms, the Provider shall have the discretional right to apply his own standards and act accordingly.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with DBBEE shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within DBBEE;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of DBBEE Services
DBBEE respects your privacy.
Any personal information you provide to us including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of DBBEE. We will collect and use personal information solely for the purposes of managing DBBEE Service.
Credit card details
We use 3rd party payment processors (currently PayPal) and therefore we will never ask for Credit Card details. We request that you do not enter it on any of the forms on DBBEE.
Remember the Risks Whenever You Use the Internet
While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to DBBEE and you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition other Internet sites or services that may be accessible through DBBEE have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions.
Please contact those vendors and others directly if you have any questions about their privacy policies.
For any other information email firstname.lastname@example.org