eu2be terms of service

The following outlines the terms and conditions ("Terms of Use") governing your use of www.eu2be.com and any content made available from or through this Website, including any subdomains thereof (hereinafter, the "Website"). The Website is made available by Eu2Be, LLC, a Massachusetts limited liability company ("Eu2Be" or "we" or "us"). We may update the Terms of Use by posting such changes on the Website. By using the Website, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE Website. If you do not agree to these Terms of Use, you may not access or otherwise use the Website.

1. Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title, and interest in and to the Website, all the content, other than that which you submit to us pursuant to Section 6 below (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials thereon the look and feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. To the extent that we do not own material contained on the Website, we have secured a license from the owner or licensor of such material granting us the right to display such content in the manner displayed on the Website. Your use of the Website does not grant to you ownership of any kind of content, code, data, or materials you may access on or through the Website. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. The site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

2. Limited License. You may access and view the content on the Website on your computer or other device, and make single copies or prints of the content on the Website at your own risk and for your personal, non-commercial, and internal use only. Use of the Website and the services offered on or through the Website are only for your personal, non-commercial use. You may not use the Website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

3. Prohibited Use. Any commercial or promotional distribution, publishing, or exploitation of the Website, or any content, code, data, or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Eu2Be or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, or otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Website. (This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 4 below) or any other proprietary content or proprietary rights notices.) If you make other use of the Website, or the content, code, data, or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws).

4. Trademarks. The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website or on or through the Website's services, if any, are the property of their respective owners. Nothing contained on the Website grants, by implication, estoppel, or otherwise, or should be construed as granting any license or right to use any Trademark displayed on the Website without our written permission or that of the third party rights holder.

5. User Information. In the course of your use of the Website and/or the services made available on or through the Website, you may be asked to provide certain personal information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information from you through the Website, by e-mail, or in any other way. Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (including, for example, and without limitation, that which you submit or post to message boards, review/ratings boards and/or our blogs, or send to us via email). Submitted Materials will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time, in our sole discretion.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in these terms of use.

If you submit a photograph, you also agree to, represent, and warrant the following: (i) you have the rights necessary to authorize us to use the photograph as permitted by these Terms of Use; (ii) you authorize us to use the photograph as permitted by these Terms of Use; (iii) you have obtained the necessary permissions, if any, for us to use the photograph in accordance with the Terms of Use; and (iv) the photograph has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it

Eu2Be may periodically make messaging services, chat services, bulletin boards, message boards, photo galleries, blogs, user review and ratings forums, other forums, and other such services and features available on or through the Website to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms of Use, you represent, warrant, and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which are, do, or could reasonably be construed to be or do any of the following:

• Restrict or inhibit any other user from using and enjoying the Website or the Website's services;
• Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual orientation or disability;
• Constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national, or international law;
• Violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of publicity or privacy or any other proprietary right;
• Contain a virus, spyware, or other harmful component;
• Contain embedded links, advertising, chain letters, or pyramid schemes of any kind;
• Constitute or contain false or misleading indications of origin, endorsement, or statements of fact; or
• Contain sensitive, proprietary, or confidential information about yourself or others.

Except as may be expressly permitted in connection with one of the Website's services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. Eu2Be will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk.

7. Prohibited User Conduct. You warrant and agree that, while using the Website and the various services and features offered on or through the Website you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from Eu2Be or its affiliates or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website.  In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the site or any related website for violating any of the prohibited uses.       

If Eu2Be has banned you from the Website or any of the services on or available through the Website, for any reason, in its sole discretion, you may not return to the Website for any reason or in any manner. In the event that you do return, or attempt to return, to the Website or a particular service offered by or through the Website after you have been banned, you will be deemed to have breached these Terms of Use, and Eu2Be reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach.

8. Right to Monitor. Eu2Be reserves the right, but does not and shall not have an obligation, to monitor and/or to review all materials posted to the Website or through the Website's services or features by users, and Eu2Be is not responsible for any such materials posted by users. Eu2Be is not responsible for any failure to monitor, review and/or delete any materials posted to the Website or through the Website's services or features by users. However, Eu2Be reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Eu2Be's sole discretion, are in violation of these Terms of Use or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms of Use or in violation of applicable law without notice or liability.

9. Linking to the Website. You agree that if you include a link from any other Website to the Website, such link shall link to the full version of an HTML-formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Website. You agree not to link from any other Website to this Website in any manner such that the Website, or any page of the Website, is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Website from any other Website at any time upon written notice to you.

10. Indemnification. By submitting or posting any User Information, photograph, and/or Submitted Materials you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such User Information, photograph and/or Submitted Materials, we may rely on your representations and warranties contained herein. By using the Website you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to your engaging in any prohibited user conduct, as described herein, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold Eu2Be and its directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees and other costs of enforcing these Terms of Use, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials on or through the Website, or your breach or violation of the law or of these Terms of Use. Eu2Be reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Eu2Be's defense of such claim.

11. Orders for Products. We may make certain products available to visitors and registrants of the Website. You may only order products if, and you hereby represent and warrant that, you are the age of majority in your state or province of residence. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Eu2Be. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or provide of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the site, violate any laws in your jurisdiction ( including but not limited to copyright laws). We reserve the right to refuse service to anyone for any reason at any time.

12. Third-Party Websites. You may be able to link from the Website to third-party Websites that take you outside of our service and third-party Websites may link to the Website ("Linked Sites"). For example, if you click on a banner advertisement or a search result, the click may take you off the Website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge and agree that Eu2Be has no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you click on a link that leaves the Website, the site you access is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to the Website, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. Also, Eu2Be is not responsible for any form of transmission received from any linked Website.

13. DISCLAIMER OF WARRANTIES. The Website, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH the Website, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT the Website OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH the Website WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT the Website OR PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH the Website SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Eu2Be ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN the Website OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM the Website.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON the Website AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON the Website.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Eu2Be AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA the Website, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON the Website OR IN CORRESPONDENCE WITH Eu2Be OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA the Website ARE PROVIDED BY Eu2Be "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Eu2Be OR ITS LICENSOR OR SUPPLIER.

UNDER NO CIRCUMSTANCES DOES YOUR USE OF the Website FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH Eu2Be. Eu2Be HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON the Website.

14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Eu2Be, LLC. OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, the Website OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA the Website, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH the Website. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF the Website EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO Eu2BeFOR YOUR USE OF the Website. IF YOU ARE DISSATISFIED WITH the Website, YOUR SOLE REMEDY IS TO DISCONTINUE USING the Website.

15. Termination. Eu2Be may terminate, change, suspend, or discontinue any aspect of the Website or the Website's services (including, without limitation, content, features, or hours of availability), at any time and for any reason. Eu2Be may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Once you have been banned from use of the Website, you may not thereafter use the Website under a new username or identity. Eu2Be maintains a policy to terminate the Website use privileges of users who repeatedly infringe the intellectual property rights of others (including those of Eu2Be).

16. Changes to Terms of Use. Eu2Be reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms of Use are posted will be considered acceptance of those changes.

17. Governing Law. The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of Massachusetts, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Massachusetts, Suffolk County, United States of America. You agree to submit to the personal and exclusive jurisdiction of such courts.

18. Severability. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the remaining terms of our agreement shall remain enforceable by law. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Site constitute the entire agreement and understanding between you and us ( including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.