Over 7 Million Students
Terms and Conditions and Privacy Policy for BE EXPERT INTERNATIONAL.
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Welcome to Be Expert International! We are pleased to provide you with access to the Service (as defined below), subject to these terms and conditions (the "Terms of Service") and the Company's Privacy Policy (the "Privacy Policy"). By accessing and using the Service, you express your consent, agreement and understanding of the Terms of Service and the Privacy Policy.
1. General Terms of Service.
1.1 These terms are available in English.
1.2 Capitalized terms are defined in the body of these Terms of Service or in Section 10.
1.3 The Company owns and operates the Be Expert International website which is available through www.beexpertinternational.com (the “website” or the “site”). We offer you the ability to learn English, Italian, German, Spanish and French through our online services and site functionality, as well as offline through downloads that may be available on the site (collectively, the “ Service"). The Service includes access to the Digital Learning Platform for 12 months (from the date the digital login is created). You agree to pay for the service each month via automatic payments for no less than 12 months OR to pay for the 12 months of service, in full, prior to starting the program.
1.4 The following is a brief summary of certain terms and conditions that are included in these Terms of Service. However, this summary is provided for your convenience only; therefore, you should read the entire Terms of Service before agreeing to them. You are granted the right to use the Service, subject to these Terms of Service. This right of use is limited to you, as an individual (not as an alliance, business or corporate entity), which is non-transferable. In order to take full advantage of the Service, you will need to accept the end user license agreement and terms and conditions for any other related software and hardware. Your refusal to accept the terms of such agreements may limit your ability to fully use the Service. Notwithstanding another provision contained in this document, the Service will be available for use from the registration of your data together with the payment of the Course, including the corresponding renewals. The Service only works with your personal computer and compatible devices. To use the Service, you must register and open a BE EXPERT INTERNATIONAL Account. We reserve the right to make periodic updates to the Service, with or without notice. The Service includes features related to security and tampering that, if activated, may cause content previously available for use to no longer be available for use. You must be at least 18 years of age to accept these Terms of Service, provided, however, that if you are under 18, your parent or legal guardian may accept them on your behalf. By using the Service, you consent to the collection, processing and use of all information related to your use of the Service, which is collected and handled in accordance with the terms of our Privacy Policy. You understand that you may find content objectionable. We reserve the right, at our discretion, to change these Terms of Service at any time, without notice. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent before implementing such changes. BE EXPERT INTERNATIONAL disclaims, to the fullest extent permitted by law, certain representations and warranties related to the Service, and limits its liability with respect to them. If you have any questions about these Terms of Service, or wish to contact us for any reason, please email us on the website www.BEEXPERTINTERNATIONAL.com.
2. Permission to use the Service and reservation of rights.
By accepting these Terms of Service, you are granted a limited, non-exclusive, non-transferable and non-sublicensable right to enter, access and use the Service solely for personal and non-commercial use. All rights not expressly granted to you in these Terms of Service are reserved by the Company and its licensors, as applicable. You agree that this permission is for your personal, non-commercial use and that no one other than you will use the Service. You do not have the right to copy or reproduce in whole or in part any portion of the Service, including without limitation, the content ON THE PLATFORMS of Be Expert International. Other than the limited license granted in Section 2, you have no other right, title, or interest in the Service. You understand and acknowledge that, in all circumstances, your rights with respect to the Service will be limited by applicable copyright or intellectual property laws and these Terms of Service.
3. Description of the Service.
3.1 General.
3.1.1 Your Account and Registration Information.
You can browse, preview and search within the Service without the need to open a Be Expert International account or provide registration information. However, for any other use of the Service and access to the content of the Be Expert International platforms, you must open an account and provide the registration information to the Company.
3.1.2 Access to the Content of the Be Expert International platforms.
Ownership of Be Expert International content is further defined in Section 8 (Intellectual Property) of these Terms of Service. You can access the content of our platforms as many times as you wish, as long as you have subscribed to the Service.
3.1.3 Additional Software and Hardware Terms.
Please note that there may be separate end user license agreements and terms of service that you must accept for hardware and software that you use in connection with the Service, or that may interact with the Service. Your refusal to accept the terms of such agreements will limit your ability to fully use the Service. In addition, the Service only works with compatible devices.
3.1.4 Access to Content.
You, your child (and/or minor in your legal custody) are granted the right to use the Service, subject to these Terms of Service. Additionally, by using the Service, you consent to the collection, processing, and use of all information related to your use of the Service, all of which is collected and managed under the terms of our Privacy Policy.
4. Promotions.
The Company, Be Expert International, entities and certain third parties may, from time to time, place advertisements or present offers and promotional materials on or through the Service. Your participation in any promotion or offer is subject to the applicable rules related to the promotion. Your relationships with other entities or third parties, as well as your participation in third party promotions or offers that are advertised or appear on the Service, are solely between you and such third party. Please note that you must be at least 12 years of age to participate in any promotion or offer that is connected or in any way related to the Service. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF SUCH RELATIONSHIPS OR THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
5. Restrictions.
Your use of the Service is subject to the following restrictions:
5.1 Company rules and policies.
By using the Service, you will be subject to any other guidelines or rules applicable to specific services and features that may be published from time to time (the "Guidelines"). All Guidelines are incorporated by reference into these Terms of Service. These Guidelines will apply generally on a non-discriminatory basis to all end users of the Service and may include, for example, required or automatic software updates, modifications, reinstallations, and making available patches to, among other reasons, address issues security, interoperability and/or performance. These updates, modifications and similar operations may be made periodically or as necessary, without prior notice. In addition, you understand that certain aspects of the Service are capable of self-monitoring and may create a special identification system for purposes related to security and tamper detection. Your access to certain applications is subject to restrictions for security reasons or according to the consistently applied Be Expert International Content protection policies. You understand and accept that it is possible that the Content of the Be Expert International platforms was previously available for your use, it will not be available from that moment.
5.2 Age Requirement.
You must be at least 18 years of age to agree to and accept these Terms of Service on your own behalf. If you are under the age of 18, your parent or legal guardian must agree to these Terms of Service and register for the Service on your behalf. Under the Children's Online Privacy Protection Act (COPPA), and as amended from time to time, if you are under the age of 13, you are requested not to provide any information to the Company, whether through the use of the Service, participation in any of the promotions, contests or sweepstakes related to the Service, or through any other activity. If it were the case that a minor voluntarily wanted to participate and/or intends to get involved in any commercial or advertising of the Company, local regulations on Child protection and privacy should always be respected where such advertising is intended to be carried out. Any provision to the contrary will be null since the rights of children's privacy are inalienable and thus the requirements and restrictions of the advertising event must be adjusted if the need arises, all in accordance with the law and the integrity of the parties involved.
5.3 Prohibited conduct.
You will not use the Service to transmit, display, perform, or otherwise make available messages, content, or materials (i) that are unlawful, obscene, threatening, unsolicited bulk or "spam," defamatory, invasive of privacy, or (ii) that violate or infringe copyrights, trademarks, patents, trade secrets and other intellectual property rights, rights of privacy or publicity, communications regulations or statutes, or any other laws, including, without limitation, laws on defamation, harassment, obscenity and pornography; (iii) that constitute political campaigns or sales or marketing solicitations or that contain computer viruses or other computer code intended to interfere with the functionality of computer systems, or (iv) that in any way harm minors. You agree not to interrupt or attempt to interrupt the operation or the Service in any way. During the Course, students are expected to behave in an appropriate and respectful manner, holding a high standard of education and career progression towards other people. Any violation of the provisions herein will be subject to review and pertinent actions that the Company decides to adopt, at its sole consideration and even proceed to the right to Terminate the Service in accordance with the provisions of Section 9.3 of this document. In addition, you may not use a false email address or in any way mislead other members as to your identity or the origin of any message or content. In the case in which the Company becomes aware of an irregular or dangerous attitude on the part of its students against themselves, members of their family, or classmates, the Company may inform the local authorities of the country in which they are domiciled in order to prevent any potentially dangerous behavior.
5.4 Restriction on Use Related to the Service.
The Service includes security components for which special rules and policies apply. You shall not attempt (or support the attempts of others) to circumvent, reverse engineer, decipher, decompile, disassemble or in any way modify, alter or interfere with any aspect of the Service. You may not distribute, exchange, modify, sell or resell, or transmit to any other person any part of the Service, including, without limitation, any text, images, or audio, for any business, commercial, or public purpose. You agree not to copy, sell, distribute or otherwise transfer Be Expert International Content, except as expressly permitted herein.
5.5 Security restriction on the use related to the Be Expert International Account.
You agree that you will not allow others to use the Registration Information and/or the Account and agree that you are solely responsible for maintaining the confidentiality and security thereof. You agree to immediately notify the Company of any unauthorized use of your password and/or Be Expert International Account by emailing us, if you are a student, from the learning platform, through the "Contact Us" link. If you use or open an account on the Service on behalf of a company, entity or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of such Subscribing Organization with authority to bind such organization, which you must abide by and comply with these Terms of Service, and you agree to do so on behalf of such Subscribing Organization.
5.6 Restriction on Use Related to the Content.
Except as expressly permitted herein, the rights granted to you hereunder do not confer on you any of the following: (a) rights of reproduction or promotional use in the Be Expert International Content, (b) rights to enter into agreements with any revenue-generating broadcast system (terrestrial, satellite, cable, and/or other distribution channels), (c) rights to distribute or redistribute the Content in streaming applications (via the Internet, intranets, and/or other networks), (d) rights to distribute Be Expert International Content to others in other content distribution systems (audio-on-demand or pay-audio applications, etc.) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial use, sale, resale, reproduction, distribution or promotional rights for the Be Expert International Content. Any digital rights management solution provided with the Content is an inseparable part thereof, and may not be circumvented, except to the extent permitted by applicable law. If you are in possession or control of Content, it is your responsibility not to lose, destroy or damage such Content.
6. Charges and billing.
6.1 Payment Agreement.
All users of the Service must first accept these Terms of Service, complete a payment authorization and sign the Terms and Conditions of Purchase (“Terms of Purchase”). You agree to pay for all Content that is not obtained through a promotional code or that the Company has not made available to you for free.
6.2 Refund Policy.
The enrollment fee and the monthly Unlimited Platform Access Pass is non-refundable and any purchase of any Course, payments or charges made are non-refundable. You may cancel your monthly Unlimited Platform Access Pass at any time within 30 days of the billing cycle. Example; if you cancel any time in January, the account access would terminate March 1st. This is for the purpose to allow Be Expert International time to process.
6.3 Termination.
The Company reserves the right to terminate your Account and/or your access to the Service if you violate the Terms of Service. If your Be Expert International subscription(s) to the Service are terminated, fees and charges are non-refundable.
6.4 Bank and credit card transactions.
During the registration process, you will be asked to provide information about your credit card or bank account (your “payment instrument”). As a user of the Service, you agree that your credit card will be charged or your bank account will be debited, applicable fees, as well as any sales tax and any other charges you incur in connection with the use of the Service; except as provided herein, all fees and charges are non-refundable. In the event that you use your credit card to make purchases on the Service, we may, at our discretion, individually post your credit card charges or add your charges to other purchases you make on the Service. In this sense, you agree to pay all the amounts that are caused based on the Purchase Terms, and in turn to maintain the adequate funds in your payment instrument to be able to satisfy the amounts that you may owe to the Company. Additionally, you are responsible for maintaining the confidentiality of your Account and will be responsible for any charges incurred by any other person through your Be Expert International account. All charges will be billed to the payment instrument you designate the first time you make a purchase or incur a charge on the Service. Any bank commission or charge reflected in your payment instrument made by your financial or credit institution will be your responsibility. If your billing information changes, you must update said information by contacting an advisor or representative of the Company, by email or from the through the link “ Contact Us.” By providing your credit card, bank account or other payment information to the Company, you acknowledge and agree that we may store your payment instrument information until you close your Account and as provided in the Privacy Policy, unless you request Customer Service and indicate that your credit card and/or bank account information be deleted, in which case it will be deleted as stipulated in the Privacy Policy. By providing your payment instrument information to the Company, you agree that you will refer to the terms and conditions imposed by the issuer of your payment instrument regarding notification requirements and limitations of liability that apply to you in the event of loss, theft or unauthorized use of your payment instrument. You agree that you, and not Be Expert International or its Affiliates, will be solely responsible for payment of all amounts billed to your credit card by unauthorized third parties. You agree that you will not provide information about any payment instrument that was not issued to you.
6.5 Taxes.
Purchases on the Service will charge an additional standard Global Tax Rate of 15% which will be reserved by Be Expert International and distributed accordingly. In such cases, the tax rate in effect at the time purchases are made on the Service will apply. You will be solely responsible for paying all such taxes.
6.6 Right to change prices.
All prices related to the Service are subject to change by the Company at any time, without notice and without liability to you. The Company does not offer price protection or refunds in the event of a price drop or promotional offer.
7. Special notifications. As a user of the Service, please note the following:
7.1 Privacy.
By registering for the Service, you consent to the collection and processing of all information related to your use of the Service, including Registration Information. The Company collects and handles this information in accordance with the terms of the Privacy Policy, which is expressly incorporated into these Terms of Service by reference. By accepting these Terms of Service, you also agree to the Privacy Policy which is available on the Company's website.
7.2 Accuracy of Information.
You represent and warrant that all information (including Registration Information and responses to polls and surveys) that you provide to the Company is correct, complete, and current, and you agree to update such information as necessary. You also agree that any information provided by you to the Company will not violate any law or regulation, or infringe the rights of any third party.
7.3 Certification of residence and capacity to enter into contracts.
By opening an Be Expert International Account, you represent and warrant to the Company that you reside in the territory you have indicated in your profile and that you have the capacity to enter into contracts under the laws of your jurisdiction.
7.4 Nature of Content.
You understand that by using the Service and accessing the Be Expert International Content you may encounter material that you may find explicit, offensive or otherwise objectionable. The Company may include, if available, information regarding ratings, content type, and descriptions, if such information is provided by the applicable owners of the Content. However, the Company is not responsible for the accuracy of such information. You agree to the following, regardless of whether or not the Service includes parental control features and regardless of how often you use such features: (a) it is your responsibility to determine what Content or materials that comprise the Service comply with its standards, and (b) under no circumstances will the Company or its Affiliates or content providers be in any way responsible for any Content or materials to which you have access. You agree to use the Service at your own risk and that the Company and its Affiliates shall have no liability to you with respect to any content or materials contained in the Service.
7.5 Risk of use.
Neither the Company nor its Affiliates shall assume any responsibility and shall not be liable for any damage or viruses that cause any damage to your computer or other property as a result of accessing, using, downloading or browsing the Service.
7.6 Links from other websites to third party sites; The Company is not responsible for the content or availability websites associated with the Service, nor is it responsible for any third party websites linked to or from the Service.The Company disclaims any warranty, either express or implied, as to the accuracy, quality, or any other aspect of any material or information contained in such Web sites.
7.7 The Company's right to change these Terms of Service.
The Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time, without notice to you. All changes will take effect immediately. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent before implementing such changes. We recommend that you check these Terms of Service periodically to see if there have been any changes. Your continued use of the Service after such changes are posted constitutes your acceptance of those changes.
7.8 The right of the Company to make changes to the Service.
The Company may add, change, terminate, remove or suspend any material incorporated into the Service, including features, prices and specifications of products described or reviewed on the Service, temporarily or permanently, at any time, without notice and without liability. some. In addition, the Company and/or the owners of the Content may, from time to time, remove the Content from the Service without prior notice, and the Company may at any time lose the right to make certain Be Expert International Content available. In such event, you will no longer be able to obtain or view certain content.
8. Intellectual property
8.1 Trade Secrets and Proprietary Materials
The Service contains and/or incorporates trade secrets, patented (and/or patent pending) inventions and/or other proprietary and intellectual property materials of the Company and/or its licensors. All title and ownership rights in the Service, including without limitation the content and any copy related to the Service and the content, remain with the Company and its licensors, as applicable. You agree to keep non-public information on the Service confidential and not to disclose such information to any third party without the Company's prior written approval. Students are not allowed to try to reconfigure, decompose or reverse engineer the website, the Service and/or the Content.
8.2 Copyright.
The Content and other works of authorship found on, or made a part of, the Service (collectively, the "Content"), are protected by applicable copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The Content is licensed, not sold. You may not make unauthorized copies or use any part of the Content, except as specified herein and in accordance with applicable law. All titles and copyrights of the Content and the Service (including without limitation, images, illustrations, graphics, photographs, animations, video, audio, music, text, scripts, "applets", files, URL's, documents and interactive features included in or available through the Service), are the property of the Company or its licensors. You agree to comply with all applicable copyright protection laws in connection with your use of the Service and the Content. In addition to the provisions of these Terms of Service, the Company may take appropriate measures to protect copyrights in the Content.
8.3 Trademarks.
You may not use any of the trademarks found within the Service, except as specified herein and in accordance with applicable law. You may not copy, display, or use any of the Trademarks without the prior written permission of the owner. Any unauthorized use could violate trademark laws, the laws of privacy and publicity, as well as civil or criminal laws. The marks listed below are trademarks of the Company, its direct or indirect parent companies, and/or its Affiliates, licensors or third party owners. Nothing contained in the Service shall be construed as granting by estoppel or otherwise, any license or right to use any brand. Please note that the following list of brands is updated on a regular basis. Therefore, neither this list nor its updates include all brands. For questions related to any of the brands or the following list of brands, please direct your inquiries to Be Expert International and other trademarks used in the Service are registered trademarks of their respective owners.
8.4 Rights of the Company in respect of the materials you post.
By submitting messages, feedback, inputting data, or engaging in any other form of communication through the Service (if permitted by the Company) or through the Company's official social media networks, you represent that you have all rights to post such materials, that these do not violate the rights of third parties, and that you agree that the Company may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or respond to any legal requirement, demand or threat. If the Company's use of such content implies any proprietary rights you may have in such material, you agree that the Company has an unrestricted, royalty-free, non-exclusive, perpetual right to use this content throughout the world. . You agree that any loss or damage of any kind arising from the use of any message, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is exclusively the responsibility of your person. In the same way, you are solely responsible for monitoring and protecting the intellectual property rights that may belong to you on those publications that you express on social networks, including, but without implying any limitation to messages, texts, illustrations, data , files, images, graphics, photos, comments, sounds, music, videos, information, content and/or other elements. The Company neither bears nor accepts any liability on your behalf.
8.5 Action for Infringement of Intellectual Property Rights.
If the Company receives notice alleging that you have engaged in conduct that violates any of the intellectual property rights of the Company or its Affiliates, or a third party, or reasonably suspects this, the Company may suspend or terminate your access to the Service, without prior notice. If the Company acts under this Section, the Company will have no liability to you, including for any amounts you have previously paid or any credits you have in the Service.
8.6 Compliance with the Copyright. Protection Law, in the Digital Millennium. If you are a copyright owner or an agent thereof, and you believe that user-submitted materials, or other non-Company materials, violate your rights, you may submit a notice under the Copyright Protection Act. the Digital Millennium Copyright Act (DMCA), by providing our copyright agent (listed below) the following information in writing (see 17 USC, 512(c)(3) for greater details): (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyrighted work that is claimed to be the subject of of an infringement, or, if a single notification covers multiple copyrighted works on the Service, a representative list of such works on the Service, (c) identification of the material that is claimed to be infringing and or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Video Greetings to locate the material; (d) information reasonably sufficient to permit Video Greetings to contact the complaining party, such as an address, telephone number, and, if available, an email address where the complaining party may be contacted, (e) a statement that the complaining party has a good faith belief that use of the material in question is not authorized by the copyright owner, its agent, or the law, and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Standard Terms
9.1 Resources.
You agree that any unauthorized use of the Service and any technology contained therein could cause irreparable harm to the Company for which monetary damages would not be sufficient. Therefore, in such event, the Company shall be entitled, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing in this Section or elsewhere in these Terms of Service shall be construed to limit the remedies available to you pursuant to legal or other claims that Company may have under an independent legal authority. You understand and agree that termination of your account is your sole right and remedy with respect to any dispute with the Company.
9.2 Indemnification.
You agree to defend, indemnify and hold harmless the Company from and against any and all claims, losses, damages, liabilities, deficiencies, judgments, liens, fines, costs and other expenses (including reasonable attorneys' fees) that arising out of or in connection with your use of the Service, or any breach by you of these Terms of Service, and you agree to reimburse the Company, upon request, for any losses, costs or expenses incurred incur because of it.
9.3 Term; termination.
The term of these Terms of Service will remain in effect until terminated as described herein. These Terms of Service and your rights to access, download and use the Service are subject to immediate termination, without notice, (a) if you breach (or the Company reasonably suspects that you have breached) any provision of these Terms of Service, or (b) upon Company's discontinuation of the dissemination or support of the Service. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must stop using the Service, entirely. If the Company terminates these Terms of Service, or suspends your Be Expert International Account for any of the reasons set forth in these Terms of Service, the Company will have no obligation or liability to you and will not refund any amounts you have paid in advance.
9.4 LEGAL NOTES; LIMITATION OF LIABILITY.
9.4.1 YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND BY COMPANY OR ITS AFFILIATES, AS APPLICABLE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE WITH RESPECT TO ITS PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, CAPACITY, CURRENTNESS, OR OTHERWISE. YOU SHALL NOT HOLD COMPANY OR ITS AFFILIATES LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR ACCESS (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY REGISTERED COMPUTER, SOFTWARE OR SYSTEM, OR HANDHELD DEVICE THAT YOU USE TO ACCESS IT. THE OPERATION OF THE SERVICE IS NOT WARRANTED TO BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE ANY WARRANTY REGARDING THE COMPANY OR ITS AFFILIATES.
9.4.2 THE COMPANY DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH ANY PERSONAL COMPUTER, CD OR DVD PLAYER, CD OR DVD RECORDER, OR REGISTERED PORTABLE DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ENSURE THAT YOUR SYSTEMS OPERATE PROPERLY WITH THE SERVICE; AND UNLESS OTHERWISE INSTRUCTED BY COMPANY, USE OF MOBILE APPLICATIONS IS LIMITED TO THE APPROPRIATE DEVICE AND/OR APPROPRIATE OPERATING SYSTEM FOR ACCESSING THE MOBILE APPLICATION. THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR UNAVAILABLE APPLICATION OR ANY DIFFICULTY OR INABILITY TO DOWNLOAD OR ACCESS MOBILE CONTENT OR ANY OTHER COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE MOBILE APPLICATION BEING UNAVAILABLE.
9.4.3 THE SERVICE MAY CONTAIN VIEWS, ADVICE, STATEMENTS AND OPINIONS, WHICH REPRESENT THE VIEWS, ADVICE, OPINIONS AND STATEMENTS OF THE INDIVIDUAL AUTHORS AND NOT NECESSARILY THOSE OF ANY AFFILIATED COMPANY. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY VIEW, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION PROVIDED BY SUCH AUTHORS. SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION ARE SOLELY THOSE OF THE AUTHORS AND MAY NOT BE ATTRIBUTED TO THE COMPANY OR ITS AFFILIATES. YOUR RELIANCE ON SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION IS ALSO AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE TO ANYONE FOR ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, TIMELINESS, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, INTEGRITY, DELETION, DEFECT, MALFUNCTION, FAILURE IN COMMUNICATION LINES, ALTERATION OR USE OF THE WORKS OF THE AUTHOR, REGARDLESS OF THE CAUSE, OR FOR ANY DAMAGES RESULTING THEREFORE. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE OR VIRUSES TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THE AUTHOR'S MATERIALS.
9.4.4 IN NO EVENT SHALL COMPANY BE LIABLE FOR DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, REGARDLESS OF CAUSE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE TERMS OF SERVICE OR THE SUBJECT OF ANY OF THE FOREGOING, UNDER NO THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO: (1) DAMAGES ARISING FROM LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OF THE SERVICE AND ANY DOWNLOADS OR ANY RELATED EQUIPMENT , DOWNTIME, AND USER TIME, EVEN IF THE COMPANY AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (2) DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE, IN PARTICULAR LIMITATIONS REGARDING USE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR THE UNAUTHORIZED USE OF ANY CONTENT OR ANY USE OF THE SERVICE TO DEVELOP, DISTRIBUTE, OR USE ANY MATERIAL THAT IS DEFAMATORY, LIBELABLE, LEGAL, OR OBSCENE, OR GIVES A FALSE IMPRESSION OF ANY PERSON, THAT CONSTITUTES AN INVASION OF ANY PRIVACY RIGHTS OR A INFRINGEMENT OF ANY PUBLICITY RIGHTS, VIOLATES OR INFRINGES THE RIGHTS OF ANY THIRD PARTY, OR VIOLATES ANY FOREIGN, FEDERAL, STATE OR LOCAL LAW OR REGULATION.
9.4.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE, ANY LEGAL NOTICE OR LIMITATION ON DAMAGES OR LIABILITY HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, IN LIEU OF THE PROVISIONS HEREIN IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY SHALL BE ENTITLED TO THE MAXIMUM WAIVERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCES.
9.5 Applicable Law and Territorial Jurisdiction. These Terms of Service and your use of the Service shall be governed by the laws of your country excluding (i) principles of conflicts of laws, (ii) the United Nations Convention on Contracts for the International Sale of Goods , (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, and (iv) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. You agree that any claim or dispute with the Company or with any Affiliate, or arising out of or in connection with these Terms of Service, the Service or your use of any of them, will be brought in an appropriate state or federal court. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any objections as to the jurisdiction, venue or improper venue of such courts. THE PARTIES WILL NOT RAISE A DISPUTE RELATED THERETO, AND HEREBY WAIVE ANY JURY TRIAL AND/OR ANY DEFENSE BY REASON OF TERRITORIAL JURISDICTION, IMPROPER COURT, LACK OF PERSONAL JURISDICTION, ADEQUACY OF PROCEDURAL NOTICE, OR OTHERWISE. SIMILAR REASONS IN ANY SUCH ACTION OR LITIGATION. To the extent permitted by law, the provisions of these Terms of Service will supersede the provisions of the Uniform Commercial Code and the Uniform Electronic Transactions Act that are adopted or applied to the Service in any competent jurisdiction.
9.6 Entire Agreement and Severability. These Terms of Service, the Privacy Policy, the Purchase Terms and the payment authorization (including any modification or revision made by the Company to any of these documents) together constitute the entire agreement between you and the Company with respect to its subject matter and supersedes all prior and/or contemporaneous agreements and understandings, whether written or oral, between you and the Company, with respect to the subject matter hereof. Except as expressly set forth herein, these Terms of Service may in no way be amended, modified or supplemented by the parties, except by a written instrument signed by an authorized officer of the Company. If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms of Service shall be construed to reasonably reflect the intent of the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or content of such section. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in writing and signed by an authorized officer of the Company. These Terms of Service will be binding on and will inure to the benefit of each party's successors and assigns, provided that you may not assign or transfer these Terms of Service, in whole or in part, without the prior written consent of an officer. authorized by the Company.
9.7 Subsequent owner of the Service; Merger/acquisition of the Company. By using the Service, you agree that the Company or one of its companies may, at the time of a merger, acquisition, or sale of the Service, or all or substantially all of the assets of the Company, assign its rights and obligations in connection with with the Service to a subsequent applicable owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Terms of Service and the privacy policy of the subsequent owner or operator of the Service.
9.8 Survival.
The paragraphs in these Terms of Service entitled “Indemnification”, “Limitation of Liability”, “Choice of Law and Jurisdiction”, “Charges and Billing”, “Company's Rights to Materials You Post”, “Remedies” and “ Waivers” will survive your termination.
10. Definitions.
“Affiliates” means the Company and its direct and indirect parents, agents, employees, licensors, distributors, business partners, suppliers and affiliates (and each of the respective officers, directors, employees and agents of the foregoing entities).
“Be Expert International Account” means a user account registered in the Service.
“Be Expert International Content” means the music, images, text and other materials that you may obtain or access in digital form from the Service, the content of which is the property of the Company or third-party licensors.
"Privacy Policy" means the Company's Privacy Policy that you can consult by clicking on the link at the bottom of the main page of the Service, which may be amended, modified or revised from time to time by the Company. as indicated in the terms of the Privacy Policy.
“Registration Information” means the information you provide to the company or the Service when you register for an account and during the installation process you carry out to use the Service (including a unique member (user) name, a password and your valid email address).
11. Questions.
If you have any questions or comments about these Terms of Service, please feel free to contact us through the website contact form.
Any rights not expressly granted herein are reserved.