By means of the www.beqbe.com platform and its corresponding App or browser application (hereinafter, "beQbe"), BEQBE INTERNET S.L. (“BEQBE”) provides certain services to individuals and businesses to store, manage, share, send and receive electronic materials (text, data, including personal data, information, images, videos , website links, etc., hereinafter the "User Materials”) that are available in public and private information networks and that can be stored in “Qubes” in beQbe (hereinafter the “Service”). For additional information about the Service, see here.
BY USING ANY PART OF THE SERVICE OR YOUR REGISTRATION OR WHEN YOU COMPLETE OR PURCHASE ANY beQbe SERVICE, YOU AGREE TO COMPLY WITH ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT UNDERSTAND OR YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE beQbe OR ANY OF ITS FUNCTIONS AND DO NOT REGISTER OR PURCHASE ANY OF OUR SERVICES.
If you have any questions about these Terms of Service, please let us know by sending an email to firstname.lastname@example.org or to our online help desk.
You must be an individual at least 14 years old to register and/or use this Service. Otherwise, BEQBE will need to obtain the consent of your parents or guardians, which must be provided via the online forms or links provided for this. BEQBE will not store or consciously use any personal information submitted by children under 14 for any purpose, nor it will send it to third parties. If this happens, BEQBE will erase such data, without prejudice to our storing them in a blocked manner during the prescribed periods of liability, in order to present them before the competent authorities when required to do so.
4. Registration, Access and Security Services
In order to access certain services, you must create an account and provide information relating to you (such as your email address, and in future versions, other identification or contact details) as part of the registration process for the Service, or as part of the continued use of the Service. You agree that the registration information that you give to BEQBE will be complete, accurate and up-to-date at all times.
If you register via Facebook or other social network account, BEQBE will not responsible for any damages occurring due to any error or security breach on those services, or any identity misuse, false information or any other information used by you or third parties to create, access and/or use your account and its contents.
BEQBE reserves the right to cancel your account or that of any other user if it has any news that you or such user has provided false or misleading information during the registration process or if you or they violates these terms and conditions of service in any manner.
You are responsible for maintaining the confidentiality of your account access and/or password. You are also responsible for all and any use of your account, whether or not authorised by you. You must immediately notify to BEQBE any unauthorised use or misuse of your account by writing to us as indicated above.
You acknowledge that BEQBE reserves the right to terminate accounts that are inactive for an extended period of time. Also, at any time when they are provided free of charge.
BEQBE offers its users a number of premium services. Please consult the "Commercial Services section" for details on the beQbe Commercial Services Qube.
5. Using your account
BeQbe allows you to create “Qubes" of user generated or managed content ("User Materials").
a) You can upload your own content and delete it using the content management tool in the user profile.
b) You acknowledge and agree to be solely responsible for your User Materials and the consequences of their posting. BEQBE does not endorse any Materials or any opinion, recommendation, or advice expressed in relation thereto, expressly excluding any responsibility for such Materials.
c) You agree to be solely responsible, and hold BEQBE harmless against any liability to you or other third parties, with respect to (a) any activity in beQbe under your account and (b) any breach of your obligations under these Conditions, and the consequences of any such breach, including any loss or damage which may be incurred BEQBE.
d) You represent and warrant that you have (and will remain so while using the Services) all necessary licenses, rights, consents and permissions required to allow BEQBE to process your User Materials for the purposes of providing the service and for any other purpose in the manner contemplated by the Service and these Terms.
e) You acknowledge that your conduct on beQbe (and the content of all your Materials) will comply with these Conditions (in particular, the Conditions and Restrictions on Use of the Service below) and beQbe Guidelines, which can be found in the beQbe Community Guidelines Qube, as amended from time to time.
f) When loading or posting Materials to beQbe, you grant (a) BEQBE a worldwide, non-exclusive, royalty-free, transferable (with the right to sublicense) to use, reproduce, distribute, prepare derivative works, display and perform such materials in connection with the provision of the Services and the functioning of the Service and beQbe activities, including without limitation, for the purpose of promoting and redistributing all or part of the Service (and its derivative works) in any media formats and through any media channels; and (b) each other beQbe user, both normal and "Premium" users, a worldwide, non-exclusive, royalty-free to access your Materials classified as "public" "restricted" or "shareable" through the Service, and to use, reproduce, distribute, prepare derivative works of, display and communicate such Materials to the extent permitted by the functionality of the Service and under these Terms. These licenses will be canceled when you remove or delete your Materials from beQbe.
g) On registering as a Premium user, Affiliate or Partner, your relationship with BEQBE will be subject, in addition to these conditions, to the corresponding specific conditions which must be accepted on subscribing or activation.
6. Closing your account
These Terms will continue to apply until terminated by either You or BEQBE according to the following provisions:
a) You may terminate your account and terminate your contract with BEQBE by notifying us through the channels indicated above (email or helpdesk).
b) BEQBE may close your account and terminate the contract with you at any time if you breach any of the provisions contained in these Terms (or have acted in manner which clearly shows that you do not intend to, or be able to comply with the provisions in these Conditions) or any particular Premium Member or Partner contract, or when BEQBE is required to do by law or administrative or judicial decision. BEQBE will notify you of the termination of the relationship by one or more alerts in the platform, and by email.
c) BEQBE may stop providing the Service in your country of residence, or from which you access and use the Services or where the provision of the Services ceases to be, in its opinion, commercially viable. BEQBE will notify you of the termination of the relationship by one or more alerts in the platform, and by email.
When an account is closed and the user's relationship with BEQBE terminated, BEQBE will save a copy of the User Materials not expressly deleted by the user beforehand, during the period of 30 days (during which the user may exceptionally request access to a copy through the channels indicated above). After this period BEQBE may remove all materials, Qubes and other user information on the beQbe platform (except user comments made in the third party Qubes, which will remain until the elimination of the corresponding Qube by its creator).
Upon termination of these Terms, all rights and obligations that apply to both the user and BEQBE (or which have accrued during the term of the Terms), or whose validity must expressly continue indefinitely, will be unaffected by termination, and the provisions contained in paragraphs 14 to 16 shall continue to apply to such rights and obligations indefinitely.
7. General Practices Regarding Use and Storage
You agree that BEQBE may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that the User Materials (uploaded by the user) are stored by the Service and the maximum disk space that will be allotted on the BEQBE servers or, in its case, on the servers of outsourcing companies. You agree that you will keep a backup of all your User Materials that beQbe hosts for you. BEQBE is not required to store any backup.
8. beQbe App
You may eventually access the services of beQbe on your smartphone or tablet device through the beQbe application. If you download the beQbe application, BEQBE may require you to update the beQbe application version from time to time in order to enable you to continue using the service through the new features of the application beQbe.
9. License to Use the Service
BEQBE grants you a limited license to access and make personal use of the Service and not to download (other than "caching" pages) any portion of it, except with the express consent of BEQBE in writing. This license does not allow you to resell, distribute or commercially use the Service or its contents, or to create any derivative use of this Service or its content, or to make any use for data mining purposes, robots or similar data collection and extraction tools. The Service, or any part thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of BEQBE.
BEQBE reserves the right to cancel your account if it considers that you have not complied with the terms and conditions of the Service.
You agree that the Service may contain information, software, photos, video, text, graphics, music, sounds or other materials, owned by beQbe (collectively, "Our Content"), and therefore different from User Materials, which are protected by copyright, patent, trademark, trade secret or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Our Content is protected by intellectual property laws (copyright) as an individual or collective work, particularly in the selection, coordination, arrangement and enhancement of such Content.
Use of Our Content or its use for any other purpose, including use of Our Content on any other website or network is prohibited. Except as expressly authorized in writing by BEQBE, you agree not to reproduce, publicly display, distribute, sell, modify, rent, lease, loan, adapt, translate, transform, create derivative works (either in whole or in part), decompile, reverse engineer, disassemble, or otherwise reduce all or part of the Service, including Our Content. If you have questions about the use of the Service it is best to first contact BEQBE.
UNDER NO CIRCUMSTANCES WILL BEQBE BE LIABLE IN ANY WAY FOR ANY MATERIAL STORED OR POSTED BY YOU OR BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED VIA SOCIAL NETWORKS, OR OTHERWISE STORED OR TRANSMITTED VIA THE SERVICE, EXCEPT AS ESTABLISHED BY MANDATORILY APPLICABLE LAW.
10. Restrictions on Use of Service
You agree not to access (or attempt to access) the Service by any means other than through the interface provided by beQbe, unless you have been specifically allowed to do so under a written contract signed expressly signed separately with BEQBE.
You agree not to engage in any activity that interferes with or disrupts the functioning of the Service, including servers and networks connected to the Service.
Unless you have a specific authorization under a separate agreement with BEQBE, you agree not to reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You are solely responsible for your User Materials, whether data (including personal data), information, opinion, text, software, sound file, image, graphic, video, message, file, link or any other material you add / upload and transmit, publish or distribute through the Service. You will hold BEQBE harmless against any claims or any liability that third parties may bring against BEQBE as a consequence of your actions and use of the Service, including any loss or damage which BEQBE may suffer.
You agree to use the beQbe Service, Our Content and your User Materials, in accordance with applicable laws. In particular, you will not use them in a manner that is illegal and or infringes the rights of third parties. You agree not to transmit, distribute or make available to third parties through beQbe any contents, images, texts, announcements, messages or any other (including any "User Materials") that in any way:
breach fundamental rights and civil liberties;
induce, incite or promote criminal, slanderous, defamatory, violent actions, attitudes or discriminatory ideas on sex, race, religion, creed, age or condition;
incorporate, make available or allow access to products, items, images, messages and / or criminal, violent, pornographic, degrading or, in general, contrary to the applicable law, morals and good customs or public order, and particularly to those who might undermine the rights of minors;
are protected by any intellectual property rights of third parties, without having previously obtained the necessary authorization of the rightsholders to carry out the use made or proposed to be made by the User or;
are contrary to the right of honor, personal rights and family or privacy or image rights of individuals as well as those that might undermine sexual freedom in general and especially against sexual freedom and integrity of minors and handicapped persons.
You will not: * upload, post, email or any other form of unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; * upload, post, email or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; * upload, post, submit or make available any material that is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose BEQBE or its users to any harm or liability of any kind; * upload or send User Materials which are false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property rights); * send messages using a false identity, and in any way that may disguise the origin of the message; * not to use any mailing list, including via social networks, including any person who has not given specific permission to be included in such a process (commercial or otherwise); * not to post information that is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose BEQBE or its users to any harm or liability of any kind.
Prohibited materials. In any case, you may not post on the Service any data containing sensitive information relating to identifiable individuals, for example, their or third party racial origin, union membership, religion, ideology and sexual orientation, their or third party health, or data relating to criminal procedures and penalties or fines arising therefrom (both your own and that of third parties).
BEQBE is not obliged to monitor the behavior and User Material of the users. You are responsible for failure to fulfill your obligations, particularly in relation to any sanctions and any liability that such breach can generate against BEQBE. Therefore, you agree to keep BEQBE harmless of all such penalties and liabilities.
BEQBE may at any time withdraw User Materials, including images, text, contents, products and any other, which may be in breach of these terms and Conditions of Service.
11. Third party rights (Intellectual Property Rights and other Rights)
We respect the intellectual property and other rights of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, cancel the accounts of users who infringe the intellectual property or other rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe any User Material is unlawful or infringes your rights or those of third parties, please contact us on the channels indicated above.
If you think your rights have been infringed upon, please contact us through the channels indicated above. Also, please contact us if you feel that any content on beQbe is illegal, violates these Terms or infringes rights of third parties.
On notifying us of any potential infringement, you must indicate: the Qube you consider offends, its description and URL / identifier, the user who is the creator of the Qube, your own identifying information (name, company name, ID) and contact (address, email), and the reasons why you think the Material or Content violates your rights or the rights of others, or otherwise violate these Terms. To do this, contact us on the channels indicated at the beginning of these conditions.
12. Special and "Premium" services
beQbe is a platform for enabling communications and offers its users, both individuals and professionals, the ability to communicate with each other with respect to particular content (Qubes). BEQBE provides users several tools to perform such communication, including messagesand alerts.
"Messages" are a private communication channel between users, free to use.
"Alerts" are channels for communication of messages, Qubes, offers, promotions or other communications regarding particular Qubes, sent by our commercial partners or communications for BEQBE to warn users of certain events or technical or commercial messages on the beQbe platform.
You agree to receive these electronic communications, both private and commercial, through the beQbe platform. You can reject these messages by configuring your profile and the tags on the Qubes. Please see the "Business Services" Qube on beQbe for more details about our special and premium services, which are subject to specific contractual conditions. In particular, if you want to make any notification, you must register as a Premium user, and you can buy different types of communication and promotion services. Premium users have access to a range of communication tools using the beQbe platform, including the purchase of CTC (Cost To Communicate), statistics, and analytics relating to activity, messages and commercial / contractual information (CTCs consumption, etc..) . The terms of price / rates for these services will be informed to you when you indicate your interest in acquiring a special or Premium level service. In addition, to take advantage of your Qubes to encourage certain companies to communicate to your Qube’s subscribers, you can register as a beQbe Affiliate (service under construction).
13. Modification, Withdrawal and Removal of the Services
BEQBE may modify or discontinue its services for any reason, including for maintenance or for any other reasons attributable to third parties such as the Internet failure, electricity, DOS attacks or Force Majeure. You may not require BEQBE to modify, delete and/or add any services provided on beQbe.
14. Exclusion of warranties and responsibilities
Access and use of beQbe is made under the sole and exclusive responsibility of the user.
BEQBE is not responsible for the accuracy, veracity or validity of any information that is not generated by itself and, particularly User Materials or other content belonging to third parties. In relation to this, BEQBE is only liable for its own services and its own Content.
BEQBE does not warrant nor will be liable for damages of any kind which arise due to the following circumstances: 1. The lack of continuity of beQbe Service and/or its malfunction. 2. The lack of usefulness, suitability or validity of the Service and contents offered on beQbe, as regards results and user expectations. 3. The existence of viruses or programs on the user's computer or the presence of viruses in the services provided by third parties through beQbe. 4. The knowledge that third parties may gain via unauthorized accesses and uses of beQbe. 5. Negligence, loss of business, loss of use, loss of profits, loss of data, for any indirect, incidental, special or consequential damages resulting from access to or use of services beQbe.
In any case, as far as permitted by mandatory laws, BEQBE’s liability shall be limited to the price paid for the Service.
The Service includes links to websites of third parties, including within the contents of the Qubes. We do not make any representations or assume any responsibility for such sites. Also, we have no control over them. Any third party content or link to third party websites are included for information purposes only.
16. Terms and Relationship between User and BEQBE
These terms and conditions, and in particular the relationship between the user and BEQBE , will be governed by Spanish law. In case of any dispute between the parties, and waiving their own jurisdiction to the extent permitted by mandatory rules, the parties agree to be subject to the exclusive jurisdiction of the courts of the city of Barcelona (Spain).
If a competent court should find that any provision of these terms and conditions be invalid, the parties nevertheless agree that the court may attempt to enforce the intent of the parties as reflected in the applicable legal text on beQbe, and the remaining provisions shall remain fully valid.
Certain provisions of these terms and conditions of the Service may be subject to expressly designated legal notices or terms located on particular areas of beQbe website.
17. Users outside Spain and Governing Law
The content of beQbe (except User Materials) is controlled by BEQBE , from its offices in Spanish territory and is intended for the Spanish public, but with the possibility of referral to foreign audiences and in other languages (such as English). BEQBE declares that this content may not be appropriate or available for use from a location outside Spanish territory. Spanish Law shall apply to any controversy or dispute arising in connection with these Terms and Conditions of Service, which shall be submitted to the exclusive jurisdiction of the courts of the city of Barcelona (Spain) to the extent permitted by mandatory laws.
All information and documentation available on the English version of beQbe is provided for informational purposes only. In case of discrepancy between the contents of the English version and the original Spanish version of the latter shall prevail.
Version 2.0, July 13, 2015