The Beachify website (the “website”) is an Internet site, owned and operated by Beachify Inc. (“Beachify”), a Canadian corporation. Please read these terms of service (“the Agreement”) carefully before using the website or any services provided on the website (collectively, “Services”). By using or accessing the website, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. By using the website, you (“Subscriber” or “You”) agree to the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, Beachify may offer to provide the Services solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any Services Beachify provides or performs for subscribers, as well as the offering of any content (as defined below) on the website. Beachify may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Beachify may also impose limits on certain features and Services or restrict subscriber’s access to parts or all of the Services without notice or liability. Beachify reserves the right, at its discretion, to modify these Terms of Services at any time by posting revised Terms of Services on the website and by providing notice via e-mail, where possible, or on the website. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by subscriber following such modification constitutes subscriber's acceptance of the terms and conditions of this Agreement as modified.
The subscriber certifies to Beachify that the subscriber is an individual (i.e. not a corporate entity) who is at least 16 years of age. No one under the age of 16 may provide any personal information to or on Beachify (including, for example, a name, address, telephone number or email address). Subscriber also certifies that they are legally permitted to use the Services and access the website, and takes full responsibility for the selection and use of the Services and access of the website. Beachify makes no claim that the website may be lawfully viewed outside of Canada.
Beachify will use reasonable efforts to ensure that the website and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the website and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Beachify to minimize such disruption where it is within Beachify’s reasonable control.
You agree that neither Beachify nor the website will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the website, the Services, any subscriber content, or other content.
Beachify retains the right to create limits on use and storage at its sole discretion at any time with or without notice.
3. Website Content
The website and its contents are intended solely for the use of the website subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the website, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) are the property of Beachify and are protected by Canadian and international copyright laws.
All trademarks, Services marks, and trade names are proprietary to Beachify and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The website is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
4. Subscriber Content
You agree that all Subscriber Content that you contribute to the website is perpetually and irrevocably licensed to Beachify. You grant Beachify the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and, except as otherwise set forth herein, to allow others to do so in any medium now known or hereinafter developed (“Content License”) in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You. Subscriber warrants, represents and agrees Subscriber has the right to grant Beachify and the website the rights set forth above.
Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan, worm, exploit or other computer programming routine or system that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Beachify reserves the right to remove any Subscriber Content from the website, re-post to the website any Subscriber Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Beachify and/or the website under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Beachify is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
5. Profile Content
Profile Content is information about you (a Subscriber) that is contributed by you or inferred about you by your activity. Profile Content includes, but is not limited to, display names, avatars, and other user generated content found on a Subscriber's profile.
Additionally, no Profile Content may be used in any way that implies a user is affiliated with Beachify or is in any way associated with a third party without explicit permission from Beachify.
Subscriber is responsible for all of its activity in connection with the Services and accessing the website. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the website. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any website or Services user.
Use of the website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the website or the Services to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the website or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the website, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material, or (e) copy, download, or scrape any Content without the express permission of Beachify or the User.
7. Warranty disclaimer
Beachify has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Beachify has no control over, and no duty to take any action regarding: which users gains access to the website; which Content Subscriber accesses via the website; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Beachify from all liability for Subscriber having acquired or not acquired Content through the website. The website may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Beachify makes no representations concerning any content contained in or accessed through the website, and Beachify will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the website.
Although Beachify and the website will make reasonable efforts to store and preserve the material residing on the website, neither Beachify nor the website is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the website. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the website.
The Services, Content, website and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Beachify makes no representations or warranties of any kind with respect to the website, the Services, including any representation or warranty that the use of the website or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Beachify disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or Services provided on this website. By using this website, you acknowledge that Beachify is not responsible or liable for any harm resulting from (1) use of the website; (2) downloading information contained on the website including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the website, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
8. Third party websites
Users of the website may gain access from the website to third party sites on the Internet through hypertext or other computer links on the website. Third party sites are not within the supervision or control of Beachify or the website. Unless explicitly otherwise provided, neither Beachify nor the website make any representation or warranty whatsoever about any third party site that is linked to the website, or endorse the products or Services offered on such site. Beachify and the website disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the website or Beachify with respect to such sites and third party content.
9. Registration and security
As a condition to using some parts of the Services, Subscriber may be required to register with Beachify and select a password and profile name. Subscriber shall provide Beachify with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than Subscriber without appropriate authorization. Beachify reserves the right to refuse registration of, or cancel a profile name in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the website and Beachify from any and all liability concerning such activity. Subscriber agrees to notify Beachify immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The website will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold Beachify, its directors, officers, employees, agents, consultants, contractors, partners, vendors and Services providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the website, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
11. Limitation of liability
In no event shall Beachify, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and Services providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the website or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the website, errors or omissions; or (d) damages related to downloading or posting Content. Beachify's and the website's collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
12. Fees and payment
Some of the Services may require payment of fees. All fees are stated in Canadian dollars. Subscriber shall pay all applicable fees, as described on the website in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise in writing. Subscriber represents to Beachify that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. Beachify may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the website.
Beachify may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the website and by sending you email notification. If you do not wish to pay the new prices, you may cancel the Services prior to the change going into effect.
Either party may terminate the Services at any time by notifying the other party by any means. Beachify may also terminate, block, or suspend any and all Services and access to the website immediately, without prior notice or liability, in its sole discretion, for any reason or no reason at all, including but not limited to any Subscriber breaches of any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the website, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the website and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Beachify or the website, including without limitation any indemnification obligations contained herein.
14. Reporting Copyright Infringements
If you believe that content residing or accessible on the website infringes a copyright, please send a notice of copyright infringement containing the following information to firstname.lastname@example.org:
1. Identification of the work or material being infringed.
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Beachify is capable of finding and verifying its existence.
3. Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
6. The Notifying Party's physical or electronic signature.
After we receive notification of an alleged infringement that meets all of the requirements above, Beachify shall:
1. Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed on the website.
2. Beachify will immediately notify any subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
3. Beachify may, at its discretion, immediately terminate the account of any subscriber who is the subject of repeated takedown notices.