Terms Of Use

AGREEMENT BETWEEN USERS AND BEESTAR

Welcome to Beestar! Beestar.org comprises web sites and services operated by Beestar Educations, Inc. (collectively the "Beestar Sites").

To protect our users and Beestar from legal disputes, we have composed this Terms of Use document. We require all users read and agree our Terms of Use (TOU) before using Beestar Sites. Parents are responsible to explain our Terms of Use and Privacy Policy to young users. This document may be updated from time to time. Updates become effective when posted, and users should regularly review these terms and conditions.

When using Beestar Sites, you and Beestar shall be subject to the guidelines, rules, or Terms of Use applicable to such sites or services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.

You agree to be bound by these TOU, and you indicate such agreement by your use of any Beestar site or service.

1. Permitted Use. Subject to these TOU, Beestar hereby grants you the right to access and use the Beestar Sites. Unless otherwise specified herein or agreed upon by Beestar, the Beestar Sites are only for your personal, educational, and noncommercial use. Beestar retains all rights with respect to the Beestar Sites except those expressly granted to you in this agreement. You agree not to duplicate, publish, display, modify, create derivative works from, or otherwise distribute the material on the Beestar Sites unless specifically authorized in writing by Beestar to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Beestar Sites. Such framing is strictly prohibited under this agreement. The information, artwork, text, video, audio, pictures, content, software, trademarks, service marks, and other intellectual property on the Beestar Sites are the proprietary property of Beestar and are protected by U.S. and international copyright and other intellectual property laws. In the event that you print materials found on the Beestar Sites, you must include any copyright notice originally included with the materials on all copies.
   
   The following are trademarks or service marks of Beestar Educations:
   
   Beestar™
   Beestar Progressive Exercise™
   
   The names of actual companies and products listed on the Beestar Sites may be the trademarks of their respective owners.
   
   
2. Links to Third-Party Sites. The Beestar Sites may contain links or produce search results that reference links to third party Web sites (collectively "Linked Sites"). Beestar has no control over these Linked Sites or their content and does not assume any responsibility or liability for any content, opinions, or materials available on Linked Sites. Beestar cannot and does not guarantee, represent, or warrant that the content in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or inoffensive. Beestar does not endorse the content of any Linked Site, nor does Beestar warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Beestar Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk and that you may not make any claim against Beestar for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at info@Beestar.org, and we will investigate the link and take appropriate action.
   
   
3. No Unlawful or Prohibited Use. As a condition of your use of the Beestar Sites, you warrant to Beestar that you will not use the Beestar Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Beestar Sites in any manner that could damage, disable, overburden, or impair the Beestar Sites or interfere with any other party's use and enjoyment of the Beestar Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Beestar Sites.
   
   
4. Use of Communication Services. If you participate in any message boards or submit any content to Beestar (collectively "Communication Services") within the site, you agree that any information posted or submitted by you
   
   
   1. shall not be false, inaccurate, or misleading
      
      
   2. shall not be fraudulent
      
      
   3. shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
      
      
   4. shall not violate any law, statute, ordinance, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
      
      
   5. shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing
      
      
   6. shall not be obscene or contain child or other pornography
      
      
   7. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
      
      
   8. shall not create liability for Beestar or cause Beestar to lose (in whole or in part) the services of our ISPs or other suppliers
      
      
   9. shall not link directly or indirectly to links that you do not have a right to link to or include
      
      
   Beestar has no obligation to monitor the Communication Services. However, Beestar reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Beestar reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Beestar does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, Beestar expressly disclaims any liability with regard to the Communication Services and any action resulting from your participation in the Communication Services. All such participation is solely at your own risk.
   
   
5. Privacy and Disclosure of Information. We believe your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any content to the Beestar Sites, by electronic mail or otherwise, we will treat it as nonconfidential and nonproprietary to you. By posting any content on the Beestar Sites, you authorize us to use and allow others to use, distribute, and reproduce the content. If you are under age thirteen (13), you may not post any personally identifying information about yourself on the Beestar Sites without the express permission of your parent, guardian, or school. Beestar reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, to refuse to post, or to remove any information or materials, in whole or in part, at Beestar's sole discretion.
   
   
6. Ownership and Requirement of Submitted Content. You agree that any and all information, ideas, and suggestions that you provide to the Beestar Sites becomes the exclusive property of Beestar, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Beestar upon submission of the information. Additionally, you agree to defend, indemnify, and hold Beestar and its officers, agents, and employees harmless from any and all costs, losses, expenses, damages, and liabilities resulting from or in connection with any claims that the information you provide to the Beestar Sites infringes on any copyright, trademark, patent, or any other intellectual property right of any third party.
   
   Beestar expects you to submit information following the requirements posted on its web sites. The information you submitted must be true, complete, and meaningful. When applicable, it must follow the format indicated on the web forms. Beestar reserves the rights to request you correct/update your data in accordance with Beestar's requirements. Should you not respond or fail to act, Beestar may have to suspend your account. In this situation, you are solely responsible for any consequences, such as missed exercises.
   
   
7. Warranty Disclaimer. Beestar does not promise that the Beestar Sites will be error-free or uninterrupted or that the Beestar Sites will provide specific results from your use of any content, search, or link on them. The Beestar Sites and all content within them are delivered on an "AS IS" and "AS AVAILABLE" basis. Beestar does not warrant or represent that files you download from the Beestar Sites will be free of viruses or other harmful features. Beestar DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE BEESTAR SITES AND RELATED SERVICES IS AT YOUR SOLE RISK.
   
   
8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL BEESTAR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE BEESTAR SITES. IN NO EVENT SHALL BEESTAR'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE BEESTAR SITES EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO BEESTAR FOR ACCESSING THIS SITE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
   
   
9. Indemnity. You agree to defend, indemnify, and hold Beestar and its officers, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of this agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
   
   
10. Availability and Access to the Beestar Sites. Beestar does not promise that Beestar Sites are always available for you. Planned or unexpected events such as, but not limited to, system maintenance, software upgrade, system error, power loss, bad weather, may cause Beestar Sites unavailable to users. Beestar will not be liable of any kind for any direct or indirect loss or damages that arise out of such service unavailability. Although Beestar may refund paying users for good will, it is completely up to Beestar's discretion to do so. You should alway be prepared that Beestar Sites may be unavailable to you any time.
    
    You are solely responsible for any and all costs of obtaining access to the Beestar Sites. That access may involve third-party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees and charges. In addition, you must provide and are responsible for all hardware and software necessary to access the Beestar Sites. You are solely responsible for keeping your hardware and software working with Beestar Sites regardless whether they worked before or not. You are also responsible for keeping your contact information updated and working for Beestar. Beestar is not responsible for any notifications or items sent to you that you somehow do not receive them.
    
    
11. Content Disputes. Although Beestar strives to provide the best possible service and content to its users, Beestar Sites and service content may contain errors. You are welcome to report them. But it is completely up to Beestar's discretion as to if, when, and how to correct them. For educational programs, the results (such as, but not limited to, scores, rankings, awards) stand as they are, regardless any disputes. Many people have involved in Beestar web content development. It is possible that you have seen similar or identical items elsewhere. Beestar does not guarantee that all its contents are original and new to you. You use Beestar Sites out of your own willingness in spite of such conditions. Beestar is not responsible for any direct or indirect consequences that arise from such disputes.
    
    
12. General. This agreement shall be governed in all respects by the laws of the State of Texas without giving effect to its conflict of law of provision. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Texas, and further agree that any cause of action arising under this agreement shall be brought in such venue. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Beestar's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between Beestar and you with respect to the subject matter hereof and supersedes any prior or contemporaneous understanding, whether written or oral.