BeehiveID

Terms of Service

This Policy was last modified May 11, 2013.

Introduction

Welcome to the BeehiveID website and services. BeehiveID offers varied functionalities including, but not limited to the ability to:

• Register to the BeehiveID services by signing up at Beehiveid.com
• Access your information from BeehiveID.com
• Manage and update your information
• Invite friends to register to the BeehiveID services

All the functionalities, including the ones above, provided by BeehiveID are collectively called the “Services” and/or “Service”.

Legal Agreement

These Terms of Service (“Terms”) govern your use of BeehiveID (“We/Us/Our”), BeehiveID.com and all domain owned by Beehive Biometrics, Inc. (collectively called the “Site”) and the services available to you (“you” or “user”) through the Site (the “Service”), operated by the company, Beehive Biometrics, Inc. By using and accessing the Site and Services, you agree to be bound by and comply with these Terms and Conditions. Certain parts of the Services may require you to agree to additional terms or guidelines. You may not use the Site and Services if you do not accept these Terms. You represent that you are in legal age to accept these Terms. If you do not agree to be bound by these Terms in its entirety, you may not attempt to use the BeehiveID Services.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You can find the most recent version of these Terms on the Site, with the date of last modification noted above. Such modifications shall become effective as soon as they are on line on the Site. Therefore, we encourage you to check the date of our Terms whenever you use the Services to check if they have been updated. You must review these Terms on a regular basis to keep yourself updated of any changes. If you do not approve the revised Terms, you must immediately stop all use of the Site and Services. Your continued access to the Site and/or use of the Site and Services after revised Terms have been put on line will mean you accept the revised Terms. Should you have any questions regarding the use of our Site and Services, please contact us at .

Registration

You represent that you are of legal age to form a binding contract.

To access and use the Services, you will be required to register by completing a registration form and designating a username and password (together the “Credentials”). Once registered you become a user of BeehiveID (“User”). When registering, you agree to provide true, accurate and complete information about yourself, (the “Registration Data”). You also agree to update registration information you provide to maintain its truth, accuracy and completeness. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future access to the Site and Services and/or use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account. You agree to immediately notify BeehiveID of any unauthorized use of account or any other breach of security. BeehiveID cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

We provide the Service for your personal use.

Privacy Policy

You consent to the collection and use of your Registration Data and certain other information in accordance with our Privacy Policy found on our website.

By registering with BeehiveID, you understand that we may send you communications or data from BeehiveID regarding the Services, including but not limited (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials via electronic mail or SMS. We give you the opportunity to opt-out of receiving these communications by following the opt-out instructions provided in the message or in your account settings.

User Content and Intellectual Property Rights

To the extent that the Services provide Users an opportunity to collect and store information, materials, data, files, programs, ideas, comments and opinions (the “User Content”), you are solely responsible for your own User Content and the consequences of submitting it to the Services. In connection with User Content, you confirm, represent and/or warrant that you own or have the necessary rights, licenses, rights, authorizations, and permissions to use them on the Site and Services. By registering, you grant to BeehiveID and its affiliates an irrevocable, royalty-free, worldwide license to use, reproduce, copy, display and sub-license such User Content for the sole purpose of providing to you the Services for which you have registered. BeehiveID does not claim any ownership rights in any User Content.

The Site and Services operated by BeehiveID is provided to you globally through the Internet. You understand that your User Content and Registration Data may be processed, stored and transferred in various countries, including but not limited to: The United-States of America, France, The United Kingdom and Canada.

User Conduct Restrictions

The Site and Services may be used and accessed for lawful purposes only. As a supplier of User Content, you are required to comply with the laws and regulations in force. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:

• Violating the intellectual property rights of third parties’ content that you have not personally created or for which you have not obtained the necessary authorizations from third parties or copyright royalty collection organizations who hold the rights to them;
• Acting in a way which is contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.). Circumvent, disable or otherwise interfere with security related features of the Site and Services or features that prevent or restrict use or copying of any Content;
• Attempt to probe, scan or test the vulnerability of any BeehiveID system or network or breach or impair or circumvent any security or authentication measures protecting the Site and Services;
• ttempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
• Attempt to gain unauthorized access to BeehiveID’s computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Site and Service;
• Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
• Interfere with any other person’s use of the Services;
• Create multiple user accounts by automated means or under false or fraudulent pretenses;
• Use the Services to collect or store personal data about other users without their express permission;
• Use the Services in any way that competes with BeehiveID;
• Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms and Conditions;
• You may not attempt to charge others to use the Services either directly or indirectly;
• You may not use the Services to harvest or otherwise collecting information about others, including social profile ids, e-mail addresses and phone numbers;
• You may not use the Services in a manner that results in excessive bandwidth, storage or processing usage, as determined by BeehiveID.

All judgments concerning the fulfillment of the above mentioned guidelines shall be at the sole and exclusive discretion of BeehiveID. BeehiveID reserves the right, in its sole discretion, to determine whether and what action to take in response to each notification of non fulfillment of the guidelines, and any action or inaction of BeehiveID in a particular case shall not have effect or limit on BeehiveID’s reaction relating to a future complaint.

Subscriptions

The Service will only be available to users (a) who register for a free trial (when available) or for a subscription to the Services (“Subscription”) and (b) who pay in full the Subscription fees (“Subscription Fees”) applicable to the level of Subscription you select (the “Subscription Plan”, or “Plan”). The various Subscription Plans BeehiveID offers and the services, features and Subscription Fees applicable to such Subscription are available on the Site.

By subscribing, you agree to pay all applicable Subscription Fees and other charges in accordance with the particular Subscription Plan you select.

Pricing, Subscription and Payment Terms

All prices are listed in U.S. dollars and are valid until altered by us.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

A valid credit card is required for paying accounts. Free or guest accounts are not required to provide a credit card number.
All Subscriptions are provided for a one (1) month or year terms (“Subscription Term”), WHICH TERM WILL AUTOMATICALLY RENEW EACH MONTH OR YEAR FOR AN ADDITIONAL ONE (1) MONTH OR YEAR TERM UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELLED BY YOU OR BEEHIVEID PRIOR TO THE END OF SUCH SUBSCRIPTION TERM.

Upon such renewal, the credit card you provided on your account will be billed the applicable Subscription Fee then in effect at the time of renewal.

BeehiveID currently accepts VISA, MasterCard and American Express credit cards. BeehiveID reserves the right to change the payment methods it accepts at any time without notice.

If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, reach you using your email address or telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or your order, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your credit card payment and you do not provide an alternative form of payment. You agree to reimburse BeehiveID for any and all costs incurred in collecting amounts owed by you to BeehiveID, including, without limitation, attorneys’ fees and costs of collection agencies.

Refunds

If you cancel a paying Plan within 7 days of signing up for a new account you will be fully refunded.
The Subscription Fee is billed in advance depending on your Subscription Term and is non-refundable after the initial period of 30 days. There will be no refunds or credits for partial subscription term or downgrade refunds. In order to treat everyone equally no exceptions will be made.

Please do not contact your credit card company to dispute a charge before contacting BeehiveID.

Interruptions or Discontinuation of Service; Changes to Services and Terms of Service

BeehiveID reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Services, or portions thereof; and the Subscriptions and Subscription Plans, including making changes to any policies, features and terms applicable thereto. If the Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by BeehiveID, your Subscription will terminate, and we will have no further liability to you.

In addition, there may be occasions when the Services are interrupted such as for maintenance, upgrades, and system or equipment failure or otherwise. BEEHIVEID WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SERVICE FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY USER CONTENT.

Cancellation by the User

You may terminate your BeehiveID account at any time and for any reason by sending BeehiveID notice at . Upon any termination by a User, the related account will no longer be accessible. Any cancellation request will be handled within 14 days of receipt of such a notice by BeehiveID.

Upon termination, any User Content you have stored on the Site may no longer be retrieved, so you should make a backup copy before terminating your account.

When BeehiveID receives your termination request, BeehiveID will terminate your Subscription if it has the necessary information to do so. BeehiveID may request additional information from you prior to terminating your Subscription.

All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.
Any suspension, termination or cancellation will not affect your obligations to BeehiveID under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Termination

BeehiveID reserves the absolute and unilateral right, at its sole discretion, to immediately suspend or terminate your account, the Terms executed with you, and/or your access to all or a portion of the Services and/or remove any registration information or User Content from the Services, for any reason (including if you breach of any of the provisions of the Terms or if it ceases to offer the Site or Services) or no reason. Upon termination or expiration of the Terms executed with you, your obligations and BeehiveID’s rights and disclaimers survive, but your right to use the Site and Services immediately ceases. BeehiveID’s failure to act with respect to a breach by you or others does not waive BeehiveID’s right to act with respect to subsequent or similar breaches.

Furthermore, BeehiveID will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Use Policy of the Site

BeehiveID may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and computing resources or dormant accounts due to infrequent access to the Services and to take such technical and other remedies as we deem appropriate. Your use of BeehiveID Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of BeehiveID customers, generally. Your account may be deemed dormant if, within any consecutive 180 day period, your account was not used to access the Service or if your User Content was not queried. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative fee plan or Service that will permit you to continue to use BeehiveID Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your Services, without prior notice in the event of a violation of this policy.

BeehiveID Content and Intellectual Property Rights

BeehiveID’s denomination, logos and designs are trademarks or trade dress which are the property of Beehive Biometrics, Inc. They cannot be used without express written consent of Beehive Biometrics, other than for designating the Site and Services. All other trademarks not owned by Beehive Biometrics that appear on its Site and Services are the property of their respective owners, who may or may not be affiliated to, connected to, or sponsored by BeehiveID. In case you would like to use them you will need to ask the authorization to the relating rights holders.

The Content (other than the User Content) included on or accessible through the Site which appears on the Site and Services, such as texts, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, software and the compilation of all content on the Site (all together the “BeehiveID Content”), is the property of Beehive Biometrics and its affiliates and licensors and protected by intellectual property laws.

Except as set out in these Terms, no reproduction, copy, display and use of any BeehiveID Content is permitted without written permission from Beehive Biometrics, Inc.

It is BeehiveID’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law. BeehiveID reserves the right to block, disable, as well as terminate access to the Services if you engage in copyright or other intellectual property infringement or for any other reason.

BeehiveID’s liability as host

BeehiveID has no obligation to monitor content transmitted via or stored on the Site or Services. Their only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section, (ii) the retention of your Credentials, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to Personal Information, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.

Third Party Websites

The Site may provide links to third party websites or resources from the Site or Services. You acknowledge and agree that BeehiveID is not responsible or liable for the availability or accuracy of, and BeehiveID does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Notification of Unauthorized Acts

You are obligated to notify BeehiveID in writing regarding any actual or perceived breach of these Terms of Service. In such event, you shall co-operate fully with BeehiveID by providing all information that is reasonably requested from You.

High Risk Activity

You acknowledge and agree that the Services are not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that BeehiveID makes no warranty and shall have no liability arising from any Use of the Services in any high risk or strict liability activities.

Disclaimers of Warranties

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, THE SERVICES AND SITE (INCLUDING WITHOUT LIMITATION, ALL CONTENT, MATERIALS (AND MATERIAL LINKED THERETO), ADVERTISEMENTS, LINKS, AND EMAILS) IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. BEEHIVEID DOES NOT GUARANTEE OR WARRANTY THE ACCURACY, LEGALITY, APPROPRIATENESS, TRUTHFULNESS, OR OTHER QUALITIES OF ANY MATERIALS OR THE RELATED PRODUCTS, EQUIPMENT, OR SERVICE. BEEHIVEID HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AND OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED USE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE.

Liability Limitations

Some countries/states do not allow the exclusion of liability for incidental or consequential damages, so the following exclusions may not apply to you.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER BEEHIVEID, NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, LOSS OF DATA, DELETION OR FAILURE TO COLLECT, STORE MESSAGES, DAMAGE TO USER COMPUTER SYSTEMS) WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE SERVICES AND SITE (AND YOUR USE OF, OR INABILITY TO USE, THE SITE); THE MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES AND SITE OR YOUR ACCESS TO IT; OR ANY BREACH OF THESE TERMS, EVEN IF BEEHIVEID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. ANY CLAIMS ARISING FROM THE SERVICES AND SITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE. NEITHER BEEHIVEID NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY VIOLATION OF THE PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY DUE TO POSTING OF VOTING INFORMATION, WHICH IS THE SOLE RESPONSIBILITY OF THE USER POSTING SUCH INFORMATION.

Indemnity

You agree to defend, indemnify, and hold BeehiveID and its respective officers, directors, employees, agents, representatives and affiliates (collectively “Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.

General

These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and BeehiveID that arises in whole or in part from the Site and Services shall be decided exclusively by a court of competent jurisdiction located in Austin, Texas. These Terms shall constitute the entire agreement between you and BeehiveID concerning the Site and the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BeehiveID’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

If you have any questions about these Terms of Service, please contact us at .