Last Updated: December 11, 2013

INTRODUCTION

This website is part of the Hellobee.com service (”Hellobee”).  Hellobee is offered by Busy Bee Blogs, LLC.

These terms of use (“Terms of Use”) constitute a binding agreement between Hellobee and you governing your use of Hellobee. By using Hellobee, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use Hellobee to post any of your own materials or to view materials posted by other people.

Hellobee reserves the right to modify the Terms of Use at any time. Your continued use of Hellobee after Hellobee modifies the Terms of Use will mean you agree to the Terms of Use as modified. If you do not agree to any modification, you should stop using Hellobee immediately. You should return to this page on a regular basis to view any modification to the Terms of Use.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of Hellobee, such as text, graphics, images, information, and other material contained on Hellobee (“Information”) are for informational purposes only. This Information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Hellobee.

If you think you may have a medical emergency, call your doctor or 911 immediately. Hellobee does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Hellobee, Hellobee employees or volunteers, others appearing on the Site at the invitation of Hellobee, or other visitors to the site is solely at your own risk.

NON-COMMERCIAL USE

You are granted a limited, revocable, non-exclusive, non-transferable license to use Hellobee solely in accordance with the Terms of Use and solely for your own personal, non-commercial purposes.

PASSWORD

When you register for a Hellobee account, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party except a parent or guardian. You will hold Hellobee harmless for any damage arising from a third party accessing Hellobee using a password you disclosed.

MEMBER CONDUCT

Hellobee’s Terms of Use include the Rules of Member Conduct below. These rules apply to any and all materials, including text, photograph, video and music you post on Hellobee (“Content”) regardless of whether the Content is included in blogs, profiles, threads, comments, or any other portion or feature of Hellobee. These rules also apply to any other use you may make of Hellobee (“Conduct”). Notwithstanding any provision of the Rules of Member Conduct, Hellobee reserves the right not to post or to remove any Content from Hellobee at any time, without notice, for any reason or no reason, in Hellobee’s sole discretion.

The following is a list of Content and Conduct that violates the Rules of Member Conduct – you may not use Hellobee to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
  • harm minors in any way;
  • solicit personal information from anyone under 18;
  • impersonate any person or entity, including, but not limited to, a Hellobee official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • provide a false birthday or age;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Hellobee;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users;
  • upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
  • upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm;
  • interfere with or disrupt Hellobee or the servers or networks used to provide or receive Hellobee or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive Hellobee;
  • intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.

In addition, although Hellobee assumes no obligation to monitor the conduct of any user on or off the website, the following is a list of Content and Conduct that violates the Rules of Member Conduct for members of Hellobee’s Gold program (“Gold”) – you may not use Hellobee’s Gold program to:

  • Discuss non-Gold Hellobee members in private posts on Hellobee
  • Share pictures, quote text, summarize, or discuss the content from Hellobee’s private posts elsewhere

Hellobee has the right to determine whether any Content or Conduct violates the Rules of Member Conduct or the Terms of Use in its sole and absolute discretion.

You acknowledge that Hellobee has no responsibility for monitoring, filtering or pre-screening Content, but that Hellobee and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Terms of Use or is otherwise objectionable.

You understand that all Content posted to the Website or otherwise transmitted via Hellobee is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that Hellobee will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via Hellobee, and you hereby release Hellobee and its officers, directors, shareholders and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Hellobee reserves the right to preserve and disclose Content posted to or transmitted via Hellobee if reasonably necessary to:

  • enforce this Agreement
  • comply with a legal process
  • protect the rights, property, or personal safety of any party.

Hellobee reserves the right to take appropriate legal action against anyone who uses Hellobee in violation of the Terms of Use. Whenever Hellobee learns of any use of Hellobee in violation of or that may be in violation of any applicable law, Hellobee may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation.

DATA TRANSMISSION SECURITY

You acknowledge that Hellobee has no control of the communications lines used to access Hellobee because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from Hellobee is not the responsibility of Hellobee.

CONTENT SUBMITTED TO HELLOBEE.COM
(This section refers to Content that you create)

You retain all ownership rights to your Content. Except for its ownership of the collection of all content on Hellobee, as described below, Hellobee does not claim ownership of any Content you publish.

When you publish your Content on Hellobee, you grant Hellobee a temporary license to “rebroadcast” it. We need this license to be able to show your Content to other members and visitors.

By publishing Content on Your Hellobee Site you grant Hellobee a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others – including without limitation Hellobee’s co-brand, content and syndication partners – to do the same) solely for the following purposes:

  • Displaying, distributing and promoting the site
  • Promoting and marketing Hellobee’s products and services and general operation of the Hellobee Service
  • Promoting and marketing the products and services of Hellobee’s partners and affiliates
  • Promoting and marketing products and services related to your Content.

This license exists only for as long as the Content remains published on the Hellobee Site and only for as long you remain a Hellobee member, except that you grant Hellobee a continuing perpetual license and right to maintain a copy of your content for archival purposes. This archival copy is not posted publicly on the Hellobee system; it is maintained solely so that Hellobee may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the Hellobee service safer. Except for this license for archival use, in the event that you remove the Content from Your Hellobee Site or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.

COPYRIGHT

Content created by Hellobee or its suppliers

All content created by Hellobee, its partners, or its suppliers and included on Hellobee, such as text, logos, graphics, images, javascript code, HTML code, and other software, is the property of Hellobee, Inc. (or its partners or suppliers) and protected by U.S. and international copyright and other intellectual property laws.

Compilations of Content

Notwithstanding the provisions outlined in “Content submitted to Hellobee.com” above*, the collection of all Content on this site is a collective work under the U.S. copyright laws and is the exclusive property of Hellobee and protected by U.S. and international copyright laws. The Content and software on Hellobee may be used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on Hellobee is strictly prohibited.

*Individual Contributors retain all ownership rights to their Content. Hellobee does not claim ownership of any Content you publish on Hellobee.

COPYRIGHT INFRINGEMENT

You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. If you believe that your work has been copied and posted on Hellobee in a way that constitutes copyright infringement, please visit Hellobee’s DMCA Help page for more information on how to report infringement of your copyright. After receipt of proper notice of copyright infringement Hellobee will remove or disable access to the allegedly infringing material and notify the site owner via email or their wall. Hellobee may, in appropriate circumstances and at its discretion, terminate the accounts of users who may be repeat infringers. Hellobee reserves the right to terminate your use of Hellobee at any time and remove any infringing Content if you infringe the copyright rights of others.

TRADEMARKS

Hellobee and Hellobee.COM are registered trademarks of Hellobee. Hellobee’s marks may not be used in connection with any product or service that is not Hellobee’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hellobee.

PERSONAL INFORMATION

You hereby certify to Hellobee that you are at least 13 years old. Hellobee is intended for people who are at least 13 years old. Children under 13 are not permitted to join Hellobee or participate in the Hellobee community, and Hellobee will delete Hellobee accounts held by people it learns are under the age of 13. Parents of children under 13 can also delete their child’s site.

For purposes of identification, when you register for a Hellobee account you must provide Hellobee with accurate, complete, and updated information required by the registration to Hellobee – namely, a valid email address. Please see our Privacy Policy, which is incorporated in this Agreement by reference, for further information concerning the personal information collected and received on Hellobee.

LINKS

Hellobee may include links to other websites or resources. Hellobee has no control over such sites and resources, and is not responsible for the availability of such external sites or resources. Hellobee does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources.

INDEMNITY

You agree to indemnify and hold Hellobee, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of Hellobee, your connection to Hellobee, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using Hellobee, including, but not limited to, costs incurred for Internet access.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF HELLOBEE IS AT YOUR SOLE RISK. HELLOBEE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HELLOBEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) HELLOBEE MAKES NO WARRANTY THAT (i) HELLOBEE WILL MEET YOUR REQUIREMENTS, (ii) HELLOBEE OR ANY SOFTWARE PROVIDED TO YOU THROUGH HELLOBEE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HELLOBEE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HELLOBEE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH HELLOBEE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HELLOBEE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HELLOBEE OR THROUGH OR FROM HELLOBEE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HELLOBEE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HELLOBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE HELLOBEE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM HELLOBEE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HELLOBEE; OR (v) ANY OTHER MATTER RELATING TO HELLOBEE.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on Hellobee are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Hellobee’s proprietary rights in them.

APPLICABLE LAW

The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.