TERMS & CONDITIONS
Please read the following Terms & Conditions carefully. By accessing or using this Web Site or the Services, you agree to be bound by the Terms & Conditions described herein and all terms, policies, and disclosures incorporated by reference. If you do not agree to all of these terms, do not use this Web Sites or the Service.
These Terms & Conditions (“Terms”) apply to the Web Sites located at www.wherethehell.info and at www.ThreeBeePeas.com (collectively, the “Sites”), owned and operated by Three Bee Peas (“Three Bee Peas”, “we”, “us”) and the service accessed through our iOS and Android Mobile Applications (collectively, the “Service”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Three Bee Peas, or its subsidiaries or affiliates, for products, services or otherwise.
By accessing or using the Sites, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of Three Bee Peas. If you do not agree to any portion of these Terms, you should not access or otherwise use the Sites. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Sites or Service, other than User Content, which is discussed in Paragraph 5.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). By your continued use of the Sites or Service after changes are posted, you will be deemed to have accepted such changes.
2. Age Restrictions
THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. If you are 13 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian prior to use of the Sites or Service. If you are a parent or guardian entering this agreement for the benefit of a child aged 13 or older, then you agree to and accept full responsibility for that child’s use of the Web Sites and the Mobile Application(s), including all financial charges and legal liability that he or she may incur.
Otherwise, you affirm that you are 18 years of age or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Your registration for, and/or use of, the Web Sites or Service constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the Terms.
The Service is designed to permit others to visualize your location (i.e., your mobile device) on a map. They are also designed to provide you with the ability to know when you are sharing your location and with the ability to pause or delete location sharing. Nonetheless, use of the Service may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, or in other situations in which you should be observing your surroundings.
4. Site Use and Content
You may view, copy or print pages from the Sites or Service solely for personal and non-commercial purposes. Except solely in connection with your authorized participation in the services offered by Three Bee Peas, you may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Sites or Service without the express, prior, written consent of Three Bee Peas. At any time, we may, without further notice, make changes to the Sites, to these Terms or to the Service described in these Terms. You are prohibited from accessing any portion of the Sites or Service for which you have not been granted proper access and permission.
5. Copyright and Trademarks
The trademarks, service marks and logos used and displayed on the Sites and within the Service are Three Bee Peas’s, or its subsidiaries’ or affiliates’, or one or more other party’s, registered and unregistered trademarks. Three Bee Peas is the copyright owner or authorized licensee of all text and all graphics contained on the Sites and in the Service. All trademarks and service marks of Three Bee Peas that may be referred to on the Web Sites or in the Service are the property of Three Bee Peas. Other parties’ trademarks and service marks that may be referred to on the Sites or in the Service are the property of their respective owners. Nothing on the Sites or in the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Three Bee Peas’s trademarks or service marks without Three Bee Peas’s prior written permission. Three Bee Peas aggressively enforces its intellectual property rights. Neither the name of Three Bee Peas nor any of Three Bee Peas’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Sites, Service or otherwise, without Three Bee Peas’s prior, written permission.
If you believe that any Content or user Content on the Sites or in the Service violates any intellectual property right of yours other than a copyright right (which is covered by Paragraph 4 above), please contact Three Bee Peas at the address, email address or telephone number set forth at the bottom of these Terms.
6. Disclaimers; Indemnification
Any and all interactions between you and any third party through the Sites or Service is your exclusive and sole responsibility, whether in person or through the Sites or Service. You acknowledge and agree that because of the nature of an online service that arranges for third parties to share their respective locations, Three Bee Peas cannot and does not actively investigate, monitor, review or substantiate any representations or statements made by other users of the Web Sites or Service. Likewise, Three Bee Peas does not confirm the identity or reputation of, or perform any background investigation into, any user of the Sites or Service.
- (a) No Warranties
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES OR SERVICE IS AT YOUR SOLE RISK. THE SITES, THE CONTENT, THE USER CONTENT, AND THE PRODUCTS, SERVICES AND MATERIALS AVAILABLE THROUGH THE SITES AND SERVICE (WHETHER PROVIDED BY Three Bee Peas, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Three Bee Peas PROVIDES THE SITES ON A COMMERCIALLY REASONABLE BASIS AND Three Bee Peas MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES, THE SERVICE, THE CONTENT, THE USER CONTENT OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION WITH THE SITES OR SERVICE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE CONTENT AND/OR USER CONTENT SHALL BE ACCURATE OR TRUE, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITES AND SERVICE OR THE SERVERS USED IN CONNECTION WITH THE WEB SITES AND SERVICE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE SITES OR SERVICE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. Three Bee Peas DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES OR SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Three Bee Peas SHALL HAVE ADEQUATE CAPACITY FOR THE SITES OR SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. You acknowledge and agree that you are exclusively and solely responsible for taking, and you will take, reasonable precautions in all interactions with other users of the Sites or Service, whether online or in person.
- (b) Indemnification
- You agree to defend, indemnify and hold Three Bee Peas and its affiliates, subsidiaries, owners, directors, officers, trustees, employees and agents (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by any Indemnified Party, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder including, without limitation, any claims made by any third parties; (iv) your violation of any third party right including, without limitation, any copyright, property, or privacy right; and/or (v) any claim that your User Content caused damage to a third party, including, but not limited to, any other user of the Sites or Service.
7. Limitation of Liability
OUR AND OUR SUPPLIERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITES OR SERVICE, YOUR COMMUNICATIONS AND/OR DEALINGS IN CONNECTION WITH THE SITES OR SERVICE, AND/OR ANY PRODUCT OR SERVICE PROVIDED IN CONNECTION WITH THE SITES OR SERVICE ARE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITES OR SERVICE. YOU HEREBY RELEASE US AND EACH OF OUR SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. IN NO EVENT WILL Three Bee Peas BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITES, THE SERVICE, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE OR SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES, THE SERVICE, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITES AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES OR SERVICE OR THE GOODS AND/OR SERVICES OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY ACT OR OMISSION OF ANOTHER USER OF THE SITES OR THE SERVICE OR PERSON OR BUSINESS ENTITY WITH WHOM YOU COMMUNICATE OR DEAL WITH THROUGH YOUR USE OF THE SITES OR THE SERVICE, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR THE SERVICE, AND/OR (VI) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITES OR THE SERVICE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS Three Bee Peas’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Third Party Content
- (a) Three Bee Peas or its Sites and Service users may provide hyperlinks to other web sites maintained by third parties (collectively, “Third Party Content”). THE LINKS TO THIRD PARTY WEB SITES AND THIRD PARTY CONTENT ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE AND THIRD PARTY CONTENT IS NOT UNDER Three Bee Peas’S CONTROL AND Three Bee Peas IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES AND THIRD PARTY CONTENT, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE SITES OR THE SERVICE OR VIEW THE THIRD PARTY CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- (b) If a third party links to the Sites or the Service, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Three Bee Peas. In most cases, Three Bee Peas is not even aware that a third party has linked to the Sites or the Service. A web site that links to the Sites or Service (i) may link to, but not replicate, Content; (ii) may not create a browser, border environment or frame Content; (iii) may not imply that Three Bee Peas is endorsing it or its products; (iv) may not misrepresent its relationship with Three Bee Peas; (v) may not present false or misleading information about Three Bee Peas’s services or products; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
9. Your Comments and Feedback
We may provide forms or mechanisms for you to provide comments, feedback, suggestions and ideas about our or our suppliers’ Content (such as blog postings), products and services (collectively, “User Content”), and accordingly, we may use any User Content in any way, including in future versions of our Content, products or services, and/or advertising or promotions. You hereby grant us a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, transferable, and sub-licensable license to use, copy, create derivative works of, publicly perform, publicly display, transfer, transmit, translate, distribute and publish, all or any portion of the User Content, in any manner and for any purpose in any media or technology now or hereafter known.
In addition, if you provide User Content, you agree not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (b) publish, post, upload, or otherwise disseminate (collectively, “Transmit”) any Content that is tortious, inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, unlawful, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that otherwise could result in civil or criminal liability; (c) transmit any Content prohibited by intellectual property (e.g., patent, copyright, trademark, trade secret, or privacy and publicity) or other laws unless you are the owner or have permission to use such rights; (d) transmit Content that contains viruses, corrupted files, or any other software or functionality that may damage or adversely affect the operation of another person’s computer, the Sites or the Service, any software or hardware, or telecommunications equipment, or interfere with any security or rights protection functionality of ours or any third party; (e) advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (f) transmit surveys, contests, pyramid schemes, spam and other unsolicited mass mail or email, unsolicited advertising or promotional materials, or chain letters; (g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other Content; (h) forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Sites or the Service or to manipulate your presence on the Sites or the Service; (i) impersonate any person or entity, including, but not limited to, a Three Bee Peas representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (j) engage in any illegal activities, or incite or provide instructional information about illegal activities, under U.S. and local law.
10. Mobile Services
The Service requires the use of mobile devices and wireless services. Three Bee Peas does not charge for its Service. However, your mobile service provider will charge you for those services that it provides, which are related to the Services. You should check with your carrier to learn about such charges. By using the Service, you agree that the apps may communicate with you regarding the Service by VoIP calls, SMS, text message, email or other electronic means to your mobile device or email address, including without limitation providing promotional offers and information from third parties.
11. Local Laws
These Terms and your use of the Sites or Service shall be governed by and construed in accordance with the laws of Austria and the state of Vienna applicable to agreements made and to be entirely performed within Vienna (even if your use is outside of Austria), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Sites, the Service or these Terms shall be filed only in the state and federal courts located in Vienna and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
These T&C and all contractual relations and litigation between the users and Three Bee Peas shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria.
Information that Three Bee Peas publishes in the Sites or in the Service may contain references or cross-references to products, programs or services of Three Bee Peas that are not necessarily announced or available in your area. Such references do not mean that Three Bee Peas will announce any of those products, programs or services in your area at any time in the future. You should contact Three Bee Peas for information regarding the products, programs and services that may be available to you, if any.
14. Termination of Service
We may terminate your right to access secured portions of the Sites or Service at any time, without notice, for any or no reason including, but not limited to, conduct that we believe violates these Terms and/or is harmful to other users of the Sites or Service, to Three Bee Peas, to the business of the Web Site’s Internet service provider, or to other information providers.
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 Three Bee Peas’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Your Consent To This Agreement
If you have additional questions or comments of any kind, if you see anything on the Sites or in the Service that you think is inappropriate, please let us know by e-mail or by sending your comments or requests to:
Three Bee Peas GesbR
Copyright © 2014. Three Bee Peas, GesbR. All Rights Reserved.
EFFECTIVE AS OF: Dezember 18, 2014
LAST UPDATED: April 06, 2015