Bee Active TV Terms of Service.
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Bee Active TV (Learn And Move Ltd) (together with our affiliates, “Bee Active”, “we”, or “us”) provides an online skill development platform of activity videos and related products, services, content and features through Bee Active TV website (the “Bee Active TV Site(s)”), the interfaces on tablets and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Bee Active TV-controlled social media pages (including on Facebook, Instagram, Youtube and Twitter). To make these Terms easier to read, the Bee Active TV Sites and Apps, and Bee Active TV-controlled social media pages are collectively called the “Bee Active TV Service” or “the Services”. A “Member” is any individual who has a Bee Active TV account. A “Membership Holder” is any Member who activates and pays the monthly subscription fees for a Membership. By registering as a Member or by visiting, browsing, or using the Bee Active TV Services in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Bee Active TV.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND BEE ACTIVE TV WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A GROUP LITIGATION ORDER OR GROUP-WIDE ARBITRATION.
If you do not wish to be bound by these Terms, you may not access or use the Bee Active TV Service. Certain elements of the Bee Active TV Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Bee Active TV Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
1. Who May Use the Bee Active TV Service
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Bee Active TV membership subscription and become a Membership Holder. Members are required to be 3 years of age and above, meet Bee Active TV Membership Criteria and may only participate in Bee Active TV activities, provided that such individuals:
- Have been cleared to participate in physical activity and exercise by a doctor;
- Have permission to participate from a parent or legal guardian who will provide supervision;
- Abide by all Safety Precautions and instructions
- Rest, hydrate and modify as needed.
We may, in our sole discretion, refuse to offer the Bee Active TV Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Bee Active TV Service is revoked where these Terms or use of the Bee Active TV Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Bee Active TV Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party or public licence.
2. License to Use the Bee Active TV Service
Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Bee Active TV Service, Bee Active TV grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Bee Active TV Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content available on the Bee Active TV Service for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the Bee Active TV Copyright Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Bee Active TV.
Restrictions. Except as expressly permitted in writing by an authorised representative of Bee Active TV, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Bee Active TV Service, nor will you take any measures to interfere with or damage the Bee Active TV Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Bee Active TV Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Bee Active TV in these Terms are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
4. Membership Requirements Registration
To enjoy full access to the Bee Active TV Service, you must register as a member of the Bee Active TV Service and enter into a subscription agreement for access to our library or video resources, Content and features (a “Subscription”). Your Subscription is also governed by the Membership Terms. You must provide complete and accurate registration information to Bee Active TV, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Bee Active TV’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Bee Active TV Service. If you become aware of an unauthorised access to your account, change your password and notify our Support team immediately. Email, with the subject line “Security Breach” to: email@example.com or or contact Member Support
5. Membership Structure and Fees
Bee Active TV will provide information on its then-current membership and Subscription requirements on the Bee Active TV Site and/or by other means through the Bee Active TV Service. Features and prices are subject to change.
6. Sale of Products
Bee Active TV accepts orders for the Bee Active TV equipment, apparel and accessories through the Bee Active TV Site. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Bee Active TV Site or to your email address after your payment has been processed. Please see our Return Policy for further information about Bee Active TV products.
7. Termination; Account Deletion
Term. These Terms begin on the date you first use the Bee Active TV Service and continue as long as you have an account with us and/or continue to use the Bee Active TV Service.
Termination. Bee Active TV may, in Bee Active TV’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Bee Active TV determines that you have violated these Terms or that your conduct or User Content would tend to damage Bee Active TV’s reputation or goodwill. If Bee Active TV deletes your account, you may not re-register for or use the Bee Active TV Service under any other user name or profile. Bee Active TV may block your access to the Bee Active TV Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Bee Active TV will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 11), No Warranties (Section 13), Limitation of Liability (Section 14), Safety Warnings (Section 15), Intellectual Property (Section 16), Arbitration Requirement & Group Litigation Waiver (Section 18), Contracting Entities, Governing Law and Jurisdiction (Section 19), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Bee Active TV is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all video content and any other Content or features provided through the Bee Active TV Service. Bee Active TV, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
8. User Content
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Bee Active TV Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the Bee Active TV Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Bee Active TV Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Bee Active TV Service.
As between you and Bee Active TV, you represent that you own (or have all rights necessary to grant Bee Active TV the rights below to) all User Content that you submit to the Bee Active TV Service, and that Bee Active TV will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Bee Active TV a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content.
You further grant all users of the Bee Active TV Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Bee Active TV or through the Bee Active TV Service about improving or adding new features or products to the Bee Active TV Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Bee Active TV a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Bee Active TV Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
9. General Prohibitions and Bee Active TV’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content or engage in any activity that:
– infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
– violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
– is fraudulent, false, misleading or deceptive;
– is defamatory, obscene, pornographic, vulgar or offensive;
– promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
– is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
– exploits minors or
– promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Bee Active TV Service or any individual element within the Bee Active TV Service, Bee Active TV’s name, any Bee Active TV trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bee Active TV’s express written consent;
- Access, tamper with, or use non-public areas of the Bee Active TV Service, Bee Active TV’s computer systems, or the technical delivery systems of Bee Active TV’s providers;
- Attempt to probe, scan or test the vulnerability of any Bee Active TV system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bee Active TV or any of Bee Active TV’s providers or any other third party (including another user) to protect the Bee Active TV Service or Content;
- Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Bee Active TV Service;
- Attempt to access, scrape or search the Bee Active TV Service or Content or download Content from the Bee Active TV Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Bee Active TV or other generally available third-party web browsers;
- Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilising a Bee Active TV trademark, logo URL or product name without Bee Active TV’s express written consent;
- Use the Bee Active TV Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Bee Active TV;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Bee Active TV Service or
- Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Bee Active TV Service or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Bee Active TV Service;
- Collect or store any personally identifiable information from the Bee Active TV Service from other users of the Bee Active TV Service without their express permission;
- Copy, use, index, disclose or distribute any information or data obtained from the Bee Active TV Service, whether directly or through third parties (such as search engines), without Bee Active TV’s express written consent;
- Alter, replicate, store, distribute or create derivatives from the Content available via the Bee Active TV Service except as expressly permitted in writing by Bee Active TV;
- Impersonate or misrepresent your affiliation with any person or entity;
- Access, use or exploit the Bee Active TV Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Bee Active TV or the Bee Active TV Service;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Bee Active TV Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Bee Active TV Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Bee Active TV Service and Bee Active TV’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Bee Active TV Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Member Interactions, Dealings with Third Parties
When interacting with other Bee Active TV members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Bee Active TV Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Bee Active TV is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
You agree to indemnify, defend, and hold harmless Bee Active TV and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
- your activities on the Bee Active TV Service,
- any User Content submitted by or on behalf of you or
- your violation of these Terms
12. Third Party Links and Content
There may be links on the Bee Active TV Service that let you leave the particular Bee Active TV Service you are accessing in order to access a linked site that is operated by a third party. Bee Active TV neither controls nor endorses these sites, nor has Bee Active TV reviewed or approved the content that appears on them. Bee Active TV is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Bee Active TV is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
13. No Warranties
Bee Active TV reserves the right to modify the Bee Active TV Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Bee Active TV Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Bee Active TV Service. Bee Active TV does not guarantee that any Content available on the Bee Active TV Service is suitable for all users or that it will continue to be available for any length of time.
Bee Active TV provides the Bee Active TV Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Bee Active TV Service at your own risk. Other than as expressly provided in writing by Bee Active TV in connection with your purchase of a Bee Active TV product, to the extent permitted by law, Bee Active TV expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Bee Active TV makes no representations or warranties:
- That the Bee Active TV Service is or will be permitted in your jurisdiction;
- That the Bee Active TV Service will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party’s use of User Content that you submit;
- That the Bee Active TV Service will meet your personal needs;
- That Bee Active TV will continue to support any particular feature of the Bee Active TV Service; or
- Concerning sites and resources outside of the Bee Active TV Service, even if linked to from the Bee Active TV Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
14. Limitation of Liability
To the fullest extent permitted by law:
- Bee Active TV shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Bee Active TV Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
- Bee Active TV’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Bee Active TV over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Bee Active TV’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Bee Active TV and you.
15. Safety Warnings
THE BEE ACTIVE TV SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS OR PHYSICAL ACTIVITY PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE BEE ACTIVE TV SITE OR HEARD ON THE BEE ACTIVE TV SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE BEE ACTIVE SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE BEE ACTIVE TV SITE OR AVAILABLE THROUGH ANY BEE ACTIVE TV SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE BEE ACTIVE TV SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, BEE ACTIVE TV MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE BEE ACTIVE TV SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Bee Active TV with the intent of using the Bee Active TV Service, you affirm that either (A) all of the following statements are true:
- no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
- you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Bee Active TV Service.
If applicable, you further affirm that
- you are not pregnant, breastfeeding or lactating; unless
- your physician or general practitioner has been specifically consulted and approved your use of the Bee Active TV Service.
Bee Active TV reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
16. Intellectual Property Acknowledgment
You acknowledge and agree that your use of the Bee Active TV Services and any Content contained therein is dependent upon you agreeing to and abiding by the Bee Active TV Copyright Policy at all times. You further acknowledge that the Bee Active TV Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Bee Active TV-generated content, and content provided to Bee Active TV by its partners and licensors, is copyrighted individually and/or as a collective work under the U.K. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Bee Active TV, Bee Active TV own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Bee Active TV Service.
17. Intellectual Property Usage and Reporting Infringement
Bee Active TV respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the Bee Active TV Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the Bee Active TV Copyright Policy for directions on how to report it to us.
18. ARBITRATION REQUIREMENT & GROUP LITIGATION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a Group Litigation Order (GLO), representative or consolidated action or proceeding. You and Bee Active TV agree that the Arbitration Act 1996 (or equivalent laws in the jurisdiction in which the Bee Active TV entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that you and Bee Active TV are each waiving the right to a trial by jury or to participate in a GLO. This arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-out. As limited exceptions to Section 20(a) above:
- you may seek to resolve a Dispute in small claims court if it qualifies; and
- we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
- In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of Bee Active TV’s Legal Department at the Bee Active TV address set out in Section 24 below within 30 days following the date you first agree to these Terms.
- Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Bee Active TV’s Legal Department at the Bee Active TV address set out in Section 24 below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after Bee Active TV’s receipt of the Notice, then you or Bee Active TV may initiate arbitration proceedings as set out below.
- Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either
- a retired judge, or
- an solicitor who has been licensed to practice law in England for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise.
- If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator.
Any arbitration hearings will take place in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
- Group Litigation Waiver. YOU AND BEE ACTIVE TV AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR MEMBER IN ANY PURPORTED GROUP OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or group proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 20 shall be null and void.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if Bee Active TV changes any of the terms of this Section 20 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or the date of Bee Active TV’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Bee Active TV in accordance with the terms of this Section 20 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Severability. With the exception of any of the provisions in Section 20(e) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
19. Contracting Entities, Governing Law and Jurisdiction
The terms of your contract for the Bee Active TV Service shall be governed by the laws of the jurisdiction under which that Bee Active TV entity is incorporated, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
20. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Bee Active TV in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Bee Active TV. Bee Active TV’s rights and remedies hereunder are cumulative and not exclusive.
21. Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Bee Active TV’s prior written consent. Bee Active TV may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from Bee Active TV electronically. Bee Active TV may communicate by email or by posting to the Bee Active TV Service. For support-related inquiries, you may email Support. For all other notices to Bee Active TV, write to the following addresses:
Bee Active TV
Unit 1 Trent House
Nothing in these Terms or otherwise limits Bee Active TV’s right to object to witness summons, claims, or other demands.
We may update these Terms at any time, at our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Bee Active TV Site and/or through the Bee Active TV Service. Modifications will be effective on the date that they are posted to the Bee Active TV Site. It’s important that you review the Terms whenever we update them before you use the Bee Active TV Service. If you continue to use the Bee Active TV Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration,” you may not use the Bee Active TV Service anymore. Because the Bee Active TV Service is evolving over time we may change or discontinue all or any part of the Bee Active TV Service, at any time and without notice, at our sole discretion.
24. Entire Agreement
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Bee Active TV Site from time to time:
- Membership Terms
- Return Policy
- Intellectual Copyright Policy
In the event of a conflict between any policies posted on the Bee Active TV Service and these Terms, these Terms will control. These Terms represent the entire understanding between Bee Active TV and you regarding the Bee Active TV Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
25. Force Majeure
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.