Terms of Use

Welcome to Bettyvision.com (the "Bettyvision Website" or "Website") and thank you for your interest. The Website is owned and operated by Bettyvision, Inc. (hereafter "Bettyvision", "we", "our", or "us"). On the Bettyvision Website, you may join our social networking platform, download tools, software, and applications, connect and communicate with other members, express your thoughts, and make comments and engage in discussion in connection with personal goal setting and aspirations for women and other services (the “Services”).

INTRODUCTION

Before accessing or using the Bettyvision Website and the Services, we ask that you carefully read the terms and conditions that follow, along with our Privacy Policy (available at www.bettyvision.com/privacy) and any other terms and conditions that may appear on the Website from time-to-time, (collectively, the "Terms of Use"). By accessing or using any part of the Website, the Services or any content in or on the Website, you agree to become bound and abide by these Terms of Use. Amendments to these Terms of Use can be made and effected by us from time to time without specific notice to you. Terms of Use posted on the Bettyvision Website reflect the latest version of the Terms of Use and you agree to check this section of the Website periodically to be aware of any changes. Your continued use of the Website shall be considered your agreement to any modified Terms of Use. If you do not agree to these Terms of Use, then you may not access or use the Bettyvision Website, Services or any content in or on the Website.

ELIGIBILITY

This Website and the Services are intended solely for access and use by individuals who are at least eighteen (18) years old and older. By accessing and using our Website and the Services, you warrant and represent that you are at least eighteen (18) years old and have the full authority, right, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use. If you permit any minor to access or use the Website, you agree that you will be held strictly responsible for such minor’s use. Any use of or access to the Website by anyone under thirteen (13) years of age, however, is strictly prohibited even with the permission and/or supervision of an adult.

Use of the Website and Services

You understand and agree that you will use this Website and the Services with a full sense of responsibility and in a manner that is consistent with these Terms of Use and in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

The Website and the Services are intended solely for your personal, non-commercial use. You may view, download, or print pages or other materials from the Website for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these Terms of Use:

(a) You must not use our Website or the Services if you are under the age of thirteen (13), even if you are given the permission of or supervised by an adult; if you are not able to form legally binding contracts; or if you are temporarily or indefinitely suspended from using the Website or the Services;

(b) You must not post any User Generated Content (defined below) that is inappropriate, sexually explicit, violent, derogatory, unlawful, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

(c) You must not republish, sell, rent or sub-license any materials from the Website including republications on another website;

(d) You must not collect or disclose other users’ personal information;

(e) You must not reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;

(f) You must not post false, inaccurate, misleading, defamatory, or libelous User Generated Content;

(g) You must not violate, misappropriate, or infringe the rights of any third party, including without limitation any intellectual property rights, publicity rights or rights of privacy;

(h) You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

REGISTRATION / MEMBER ACCOUNT

To become a member of our social networking platform and access the Services you are required to register with the Website and create a user name and password. You must complete the full registration process and provide the Website with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the username, profile or password (“Member Account”) of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or access to your password. You are solely responsible for any and all use of your Member Account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the Website or third parties during any visit to the Website shall be subject to the terms of our Privacy Policy.

In addition, you may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Website.

USER GENERATED CONTENT AND COMMUNICATIONS ON THE WEBSITE

You are responsible for the content of your communications, messages and posts, and its consequences. We reserve the right to terminate your registration if we become aware, at our sole discretion that you are violating any of the guidelines set forth in these Terms of Use. While we want to encourage an open exchange of information and ideas, we do not review postings made in any forums and other public-posting areas on the Website. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. By participating in this social networking site and using our Services, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, inappropriate, sexually explicit, violent, derogatory, unlawful, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable, or unlawful in any way; that infringes on the rights of others; or that contains any virus or other computer programming routine which may interfere with or damage the Website or otherwise interrupt on the ability of others to use or enjoy the same.

We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms of Use or where we reasonably believe a user does not comply with any relevant age restrictions on the Website.

By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (“User Generated Content”) to the Website, you (A) grant, and represent and warrant that you have the right to grant, to Bettyvision a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Bettyvision and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Bettyvision the right to pursue at law any person or entity that violates your or Bettyvision’s rights in the User Generated Content by a breach of these Terms of Use.

User Generated Content submitted by users is deemed non-confidential and Bettyvision is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Bettyvision reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Bettyvision is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Bettyvision or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Bettyvision from any claims that you could otherwise assert against Bettyvision by virtue of any moral rights.

INTELLECTUAL PROPERTY RIGHTS

The Bettyvision Website allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the Website shall remain the property of Bettyvision, Inc. and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the Website or anything retrieved or downloaded from them.

You hereby acknowledge that all rights, titles and interests, including but not limited to intellectual property rights, in and to the Website, and that you will not acquire any right, title, or interest in or to the Website except as expressly set forth in these Terms of Use. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to proprietary information related thereto.

LINKS & FRAMING

Illegal and/or unauthorized uses of the Website, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action may be taken. Some links to the Website, however, are welcome, provided that: (i) you do not remove or obscure any content, advertisements, copyright notices or other notices on the Website; and (ii) you immediately stop linking to the Website on written notice from us.

WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY

You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Website or use the Services; what effects the content of the Website may have on you; how you may interpret or use the content of the Website ; or what actions you may take as a result of having been exposed to the content of the Website . You release us from all liability for you having acquired or not acquired content of the Website through the Bettyvision Website. It should be noted that the Bettyvision Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Bettyvision Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website.

THE WEBSITE, SERVICES, AND CONTENT OF THE WEBSITE 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.

In addition, we make no representation that the operation of our Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the Website, the Services or any part thereof at any time. When you use the Website and or participate herein, you understand and agree that you participate at your own risk.

Indemnification

You hereby agree to release, indemnify, defend and hold harmless Bettyvision, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising from your use, installation or download of any tools, platform and software, your use of the Website and the Services, any content posted, published, or submitted by you to the Website, or your breach of these Terms of Use. Bettyvision reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. 

Waiver and Severability of Terms

Failure of Bettyvision to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. In the event that any provision of these Terms of Use is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms of Use shall remain valid and enforceable according to its terms.

Copyright

If you believe in good faith that materials on the Website infringe your copyright, please provide the written information requested below:

  1. Identification of the copyrighted work you claim was infringed.
  2. Identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  3. Your contact information, preferably an email address and telephone number.
  4. The following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
  5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on the Website should be emailed or mailed to:

Bettyvision, Inc.
Julie Thorne Engels
info@bettyvision.com

We suggest that you consult your legal advisor before filing a notice or counter-notice as you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.

Entire Agreement

These Terms of Use shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles. These Terms of Use describe and encompass the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the Services, the contents and materials provided by or through the Website, and the subject matter of these Terms of Use.

Choice of Law; Jurisdiction; Forum

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with these Terms of Use are hereby irrevocably submitted to the exclusive jurisdiction of the courts of California, to the exclusion of any other courts without giving effect to its conflict-of-laws provisions or your actual state or country of residence.

 

Term

These Terms of Use will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by following the instructions on the “TERMINATION OF ACCOUNT” in the setting page. We may terminate your membership for any reason at any time. Even after your membership is terminated, certain sections of these Terms of Use will remain in effect.