My2be is a web application service designed to help connect people with mentors and mentees and build lasting mentoring relationships. We aspire to do the right, ethical and legal thing in bringing you this site and we ask that you use the same judgment as you read, use, and share the content hosted on my2be.
Whilst we believe you will do the right thing at all times, our lawyers, and hence we, require you to accept these Terms and Conditions. We recommend that you print a copy of this for future reference.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at our website www.my2be.com (our ‘Site’), and any associated sites from time to time, and any communications service (including the capability to contribute links and other information), or other interactive service that may be available to you on or through this site (all of which together we call our ‘Services’), are provided to you under these terms and conditions of use (the ‘Terms’). These Terms together with the documents referred to in it form the entire agreement between you and us and supersede all prior agreements between you and us regarding the subject matter contained in these Terms.
IMPORTANT: BY USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS. USE OF OUR SERVICES INCLUDES ACCESSING, BROWSING OR REGISTERING TO USE OUR SERVICES.
2. INFORMATION ABOUT US
Our Services are operated by my2be enterprises ltd (‘We’, ‘Us’ or ‘my2be’). We are registered in England and Wales under company number 11360368 My2be is a limited company.
3. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be sixteen or older to use the services. Use of the services is void where prohibited. By using the services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all these Terms.
4. OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of our Services:
5. CHANGES TO THESE TERMS
my2be may change these Terms from time to time and at any time, and without actual notice to you. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
By using the services after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms, please do not use the services.
6. DESCRIPTION OF SERVICE
My2be is a cloud-based mentoring platform matching mentors and mentees, providing the tools to record, develop, and measure the success of the relationship.
7. SAAS SERVICES AND SUPPORT
Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative user name and password for Customer’s Company account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with Company’s standard practice.
8. RESTRICTIONS AND RESPONSIBILITIES
Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
9. CONFIDENTIALITY; PROPRIETARY RIGHTS
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality, and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by its prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
[Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and for no other purposes (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
10. USER-GENERATED CONTENT
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (‘Content’) which are transmitted, posted, or distributed by you via our services, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your profile page and information, photos, images, sound files or other Content posted by you in a forum or other page.
We do not own or control the Content posted by users of the services and do not guarantee the accuracy, integrity or quality of such Content.
You may be exposed to Content posted by other users of the services that may be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content posted by any user of the services or third party, including, but not limited to, liability for infringements of third party rights, any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the services.
11. GRANT OF LIMITED LICENCE
You warrant and represent that you either (i) own all right, title and interest to your Content and to any likenesses contained in your Content or (ii) have the legal right to post such Content via the services and to grant the licence to us in the following paragraph and other rights referred to in these Terms.
You grant us a limited licence for the royalty-free, unrestricted, world-wide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute, perform and display your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such licence enables us to feature or use your Content via the services and in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content.
You also warrant that any ‘moral rights’ in posted materials have been waived. You acknowledge and agree that the display or use of your Content shall be at our sole discretion and your Content may or may not be included on the services for any reason or no reason at all.
12. CONDUCT AND CONTENT
The Services and any related services provided to you are provided solely for information, entertainment and organisational purposes.
These content standards apply to any and all Content, which you contribute to our services, and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content you provide as well as to its whole.
You acknowledge and agree:
- to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is or becomes untrue, inaccurate, not current or incomplete, you agree to inform us immediately and We reserve the right to reject any of your Content and to terminate your right to use the services and refuse any and all current or future use of any services related to them. There is no obligation on us to test the accuracy or currency of your Content;
- without limitation of the foregoing, not to use the services to submit (whether directly or by requesting us to access and submit on your behalf) any Content which:
- is unlawful (or promotes unlawful activity), harmful, threatening, abusive, harassing;
- might reasonably be regarded by us as “spam” or which promotes or advertises any product or article, or may otherwise tend to cause annoyance or inconvenience to other users of the services;
- breaches any applicable law or regulation, or is in breach of any relevant advertising or other industry codes of practice;
- is defamatory, vulgar, libellous, deceptive, fraudulent (or be likely to deceive someone);
- contains explicit or graphic descriptions or accounts of sexual acts (or promotes sexually explicit material)
- is invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- promotes violence;
- infringes any Intellectual Property Rights (as defined in clause 13 below) of any other person or entity;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- impersonates any person, or misrepresent your identity or affiliation with any person; and/or gives the impression that it emanates from us, if this is not the case;
- not to harvest, collect or store information about users of the services or the Content posted by others on the services or use such information for any purpose inconsistent with the purpose of the services or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the services, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited.
- unauthorized framing of the services is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in relation to the services. Appropriate legal action may also be taken for any unauthorized use of the services.
- We are not responsible for material submitted to us or posted to the services by users of the services.
We do not pre-screen, monitor, review or edit the Content posted by users of the services. However, we and our agents have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to us.
You agree to immediately notify us of any unauthorized use of the services or any other breach of security that you know or suspect.
13. FEES AND PAYMENT
This clause 11 only applies if you use part of the Service that you agree to pay us
We will invoice you upon your use of the relevant part of the service.
You must pay the amount invoiced within 30 days of the date of the invoice using one of the payment methods specified on the invoice.
If you fail to make payment by the due date, we may:
- Charge you interest on amounts outstanding at our primary bank’s standard overdraft rate or similar credit interest rate and;
- Disable your profile on the services.
We currently provide our site for free to the end users, but please be aware that if accessing them from a mobile device your carrier’s normal rates and fees, for text messages and data charges for example, will still apply.
14. CANCELLATION POLICY
We do not generally offer a refund on charges paid by you for our services, nor do we offer credits where cancellation occurs before the end of a current subscription period. So, other than as set out below, all one off payments and/or paid subscriptions are non-refundable after payment has been received from you.
We may provide a refund in the case of manifest error or mistake.
Further, nothing in this policy will affect your right to a refund where you are entitled to one at law. This will depend on which jurisdiction you are in. If you are a citizen of the European Union, you are entitled to a full refund for services purchased from us for 14 days after our contract is made provided that you have not used or started to use the services you have bought. The contract is made when payment is accepted and your subscription starts.
In addition to any other remedies it may have, either party may also terminate this Agreement upon fourteen (14) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
For all cancellation and refund issues, please contact email@example.com
If you wish to cancel or change the type of subscription account you have with us, you may do so at any time by emailing firstname.lastname@example.org
15. MODIFICATIONS TO THE SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services or any related services (or any parts thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services or any related services.
Please note that any of the content on the services may be out of date at any given time, and we are under obligation to update it. We do not guarantee that the services, or any Content on them, will be free from errors or omissions.
16. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including Content contained in sponsor advertisements or information presented to you via the services or by advertisers may be protected by intellectual property rights including but not limited to copyrights, designs, trademarks, service marks, patents or other proprietary rights and laws (‘Intellectual Property Rights’).
My2be is the licensee or sole owner of the Intellectual Property Rights in the services including the Content on the services. You retain all rights, titles, and interests you have in and to the Content provided by you, subject to the rights granted to us under clause 9 of these Terms, and are free to grant similar rights to others during and after the Term of this Agreement. You agree to pay for all royalties, fees or other monies owed by reason of Content you post on or through the services.
All individual articles, content and other elements that appear on the services are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this service.
Unless expressly permitted by my2be, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any Content or any part of this service.
Neither you nor any third party shall make use of the contents of the services in any manner that constitutes an infringement of our Intellectual Property Rights that has not been expressly authorized by us.
17. INTELLECTUAL PROPERTY VIOLATIONS
We take Intellectual Property Rights issues seriously and provide the means to help you protect your intellectual property rights. In the event you have a complaint that your rights have been infringed, please call us or send full details of your complaint to email@example.com.
If you repeatedly infringe other people’s Intellectual Property Rights, we may disable your account.
You agree to defend, indemnify and hold us, our affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users of the services authorized by you or any violation of these Terms by you (including, but not limited to, any claim that your Content infringes the rights of any third party).
19. PRESERVATION AND DISCLOSURE OF YOUR CONTENT
You acknowledge and agree that we may preserve your Content and may also disclose your Content (in whole or in part) and certain personal details if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms; (c) to respond to claims that any of your Content violates the rights of third-parties; or (d) to protect Our and/or our users of the services or the public’s rights, property, or personal safety of us and our site users or the public.
You understand that the technical processing and transmission of the services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store your Content or other information submitted by you or other users of the services to us.
Any or all Content on the services may be purged periodically at Our sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by us or submitted to us. You further acknowledge and agree that the views expressed on the Services do not necessarily reflect our views, and we do not support or endorse Content posted or submitted by you or any other user of the Services.
In operating the services, We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you. Any such information or material submitted or sent to us, will be deemed not to be confidential or secret. By submitting or sending information or other material to us you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set out in these Terms.
20. LINKED SITES
You may be able to link to third parties’ sites (‘Linked Sites’) from the services. Linked Sites are not, however, reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Services and/or to introduce different features or links to different users of the Services.
SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO MATERIIAL DEPICTING VIOLENCE, SEXUALLY EXPLICIT MATERIAL AS WELL AS OTHER MATERIAL THAT MAY BE UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to the services. To seek our permission, you may write to us at firstname.lastname@example.org. We reserve the right, however, to deny permission to link to the services or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Services, at our discretion at any time.
21. YOUR PASSWORD AND ACCOUNT
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
22. DEALINGS WITH ADVERTISERS & SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the services.
23. PARENTAL PERMISSION
The services are not intended for use by children under thirteen (13) years of age, and we do not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. My2be may, at its discretion, require users of the services under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
24. DATA PROCESSING
24.1. For the purposes of this clause the following defined terms shall have the following meanings:
24.1.1 “Data Protection Law” shall mean (a) the Data Protection Act 1998; or (b) from 25th May 2018, the General Data Protection Regulation ((EU) 2016/679 (“GDPR”), read in conjunction with and subject to any applicable UK national legislation that provides for specifications or restrictions of the GDPR’s rules; or (c) from the date of implementation, any applicable legislation that supersedes or replaces the GDPR in the UK or which applies the operation of the GDPR as if the GDPR were part of UK national law, which may include the Data Protection Act 2018; and
24.1.2 “personal data”, “controller”, “processor”, “data subject”, and “processing” (and other parts of the verb “to process”) shall have the meaning set out in the Data Protection Law.
24.2 Each party shall comply at all times with Data Protection Law and shall not perform its obligations under these Terms in such a way as to cause the other to breach any of its applicable obligations under Data Protection Law.
24.3 In the context of these Terms, you will act as “processor” to us who will be “controller” with respect to the personal data.
24.4 Where you process personal data shared by us, with respect to such processing, you shall:
24.4.1 process the personal data only in accordance with these Terms and not otherwise make any use of the personal data for your own purposes, unless you have a valid and lawful basis for doing so;
24.4.2 only permit the personal data to be processed by persons who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on your instructions in relation to the processing;
24.4.3 protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
24.4.4 remain entitled to appoint third party sub-processors. Where you appoint a third party sub-processor, you shall, with respect to data protection obligations:
(a) ensure that the third party is subject to, and contractually bound by, at least the same obligations as you; and
(b) remain fully liable to Us for all acts and omissions of the third party,
and all sub-processors engaged by You as at the effective date of these Terms shall be deemed authorized;
24.4.5 in addition to the sub-processors engaged pursuant to paragraph 24.4.4 (above), be entitled to engage additional or replacement sub-processors, subject to:
(a) the provisions of paragraph 22.4.4(a) and 22.4.4(b) being applied; and
(b) you notifying us of the additional or replacement sub-processor,
and where we object to the additional or replacement sub-processor, the parties shall discuss the objection in good faith;
24.4.6 promptly alert and inform us of a personal data breach suffered by you or by any third parties to which personal data has been transferred and provide all necessary co-operation and assistance to enable us to comply with our obligations under Data Protection Law and to reduce the impact of the incident on our business operations and reputation;
24.4.7 at our cost and not more than once in any 12 month period permit us (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit your data processing activities to enable us to verify and/or procure that you are complying with your obligations under this clause 22;
24.4.8 on our reasonable request and at our cost, assist us to respond to requests from data subjects who are exercising their rights under the Data Protection Law;
24.4.9 on Our reasonable request and at our cost, assist us to comply with our obligations under the Data Protection Law in relation to (a) notifying a supervisory authority that we have suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority; and
24.4.10 unless applicable law requires otherwise, upon termination of these Terms at our option, and unless you have a valid and lawful basis under the Data Protection Law for continuing to hold and process personal data provided by us, (a) delete all such personal data permanently, safely and securely and provide us with a certificate of destruction; and/or (b) return to us all such personal data and any other information provided by us to you; and (c) cease to process the personal data.
24.4.11 You shall indemnify and hold Us harmless on demand for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) as a result of you breaching your obligations under this clause 22 (Data Processing).
25.DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE”.
TO THE EXTENT PERMITTED BY LAW, WE (MY2BE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS) EXCLUDE ALL CONDITIONS WARRANTIES, REPRESEATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SERVICES AND OR ANY CONTENT ON THEM INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
SUBJECT TO THE CLAUSE BELOW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR LOSS CAUSED BY US OR THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE CONTENT ON THE SERVICES. YOU (RATHER THAN US OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
26. LIMITATION OF LIABILITY
SUBJECT TO THE CLAUSE BELOW, IN NO EVENT WILL MY2BE, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF MY2BE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE MY2BE FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS MY2BE, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM LOSS AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY SERVICES BY US TO YOU, WHICH WOULD BE SET OUT IN OUR CONTRACTS TO SUPPLY SPECIFIC SERVICES.
27. APPLICABLE LAWS / JURISDICTION
You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Any inquiries concerning these Terms should be directed to us at firstname.lastname@example.org. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. My2be may transfer; assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at email@example.com.