Beegris Ltd. ("Beegris" or, "us", "our", "we") is the creator and owner of a marketplace, which allows Licensors (as defined below) to offer their designs and products ("Product/s") and for Licensees (as defined below) to purchase Product/s through its Internet site ("Site"). These Terms of Service ("Terms") govern your access and use of the Site and services available through the Site ("Services"). "You" means any adult user of the Site, or any parent or guardian of any minor whom you allow to use the Site or the Services, and for whom you will be held strictly responsible. A "Licensor" is a user of the Site who provides a license to Beegris to offer a license to its Product and/or Product Information (as defined below) to Licensees, in accordance with and subject to the terms set forth herein. A "Licensee" is a user of the Site who seeks to purchase a license to use a Product and/or Product Information offered on the Site, in accordance with and subject to the terms set forth herein.
If you are a minor, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services.
If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Site and Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Site and Services is revoked where these Terms or use of the Site and Services is prohibited.
You may use the Site, and the Services provided through the Site, in accordance with and subject to the terms set forth herein. Beegris may in its sole discretion and at any time, discontinue providing any part of the Site or Services without notice.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent's or guardian's permission to enter into these Terms, and have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party.
Once you have created an account in accordance with the terms set forth below, you may use the Site to offer and/or purchase a license to a Product and/or Product Information, as applicable, by following the guidelines on the Site.
In order for a Licensor to offer a license to its Product and/or Product Information to Beegris, such that Beegris can offer it to Licensees on the Site, the Licensor must upload digital (graphic) designs, sketches and technical details of the Product to the Site, as well as a photo of a prototype of the Product ("Prototype"), and any other additional information concerning the Product ("Product Information"). By uploading such Product Information to the Site, you represent and warrant that the Product Information is suitable and sufficient for the purpose of producing the Product and you have successfully produced the Prototype on the basis of such Product Information. Beegris shall review such Product Information and shall, at its sole discretion, decide which products it will offer on the Site. Any updates to the Product Information submitted by the Licensor shall be subject to Beegris’ confirmation in the manner set forth above.
It is clarified that Beegris may choose, in its sole discretion, not to offer Product(s) and/or Product Information that are and/or resemble certain items that it prohibits, including but not limited to, weapons and other dangerous or offensive items.
To create an account, you must provide information as may be requested by Beegris. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist Beegris in providing you with improved Services.
You agree to notify Beegris immediately of any unauthorized use of your Beegris account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. Beegris will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Beegris harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to firstname.lastname@example.org that your account has been compromised, and have requested us to block access to it, which we will do as soon as reasonably practicable. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
Termination of Account
Beegris may terminate your account for any reason and at any time, including if you violate any of these Terms. Upon termination of your account, you shall not have any further access to any Content (as defined below) that may be available through your account.
If we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and appropriate behavior on the Site. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Site and/or the Services.
You may request termination of your Beegris account at any time and for any reason by sending an email to email@example.com. Following such request, Beegris shall close your account as soon as reasonably practicable.
Any suspension, cancellation or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you), which by their sense and context are intended to survive such suspension, cancellation or termination.
Certain types of content may be made available through the Site or the Services. "Content" as used in these Terms means, collectively, all content on or made available on the Site or through the Services, including any images, photos, pictures, and any modifications or derivatives of the foregoing.
The Site allows Licensors to upload certain content including but not limited to images, pictures, comments, ratings and/or reviews. All content uploaded by you is referred to as “User Content.” You are fully and solely responsible for any User Content you upload to the Site. You represent and warrant that any such User Content, including but not limited to the Product and Product Information complies with all applicable law, that you have all necessary rights to submit any such User Content through the Site and Services, and that no such User Content infringes or violates any third party intellectual property rights, privacy or publicity rights, or moral rights. Beegris has no obligation to accept any request to publish or maintain any User Content. Moreover, Beegris reserves the right to refuse to publicize, remove and/or permanently delete any User Content uploaded by you, without notice and for any reason. BEEGRIS DOES NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT AND/OR USER CONTENT.
Content on the Site comes from a variety of sources. You understand that Beegris is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content (including but not limited to the User Content). Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Without limiting the foregoing, you agree that you will not transmit, submit or post any User Content that: (1) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (2) infringes (or results in the infringement of) the intellectual property rights, moral rights or other rights of any third party; (3) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (4) does not comply with all applicable laws, rules and regulations; (5) publishes falsehoods or misrepresentations that may damage us or any third party; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
You may not do or attempt to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any content; (3) use the Site, content thereon or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (5) use or access another user’s account or password without permission; (6) use the Site or content thereon in any manner not permitted by these Terms; (7) file a claim or any legal action or proceeding against another user of the Site and Services relating to or arising out of use of the Site and Services in accordance with these Terms.
Beegris owns the Site and all Content available on the Site, including all worldwide intellectual property rights in the Site, and the trademarks, service marks, and logos contained therein registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the Site, or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Beegris or any third party.
The Licensor owns its Product and/or Product Information.
The policy of Beegris is not to infringe upon or violate the intellectual property rights or other rights of any third party, and Beegris will refuse to use and will remove any User Content in connection with the Site that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 ("DMCA"), Beegris will remove any Content (including without limitation any User Content) if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Beegris is to terminate the accounts of repeat infringers in appropriate circumstances.
You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content. Beegris will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting firstname.lastname@example.org.
By submitting or posting (as applicable) any User Content (including Product and Product Information), you grant Beegris and its successors a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, copy, modify, alter, decompile and use as an inspiration such User Content and your name for the purposes of advertising, including, without limitation, on the Site, marketing or any other use as may be decided by Beegris from time to time.
If you are a Licensor, when uploading a Product and/or Product Information, you shall be requested (i) to grant Beegris and its successors a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to offer such Products and Product Information and provide sub-licenses to Licensees through the Site and to use any Product and/or Product Information provided in connection therewith; and (ii) to warrant that he/she has all right, title and interest in the Product(s) and/or Product Information he/she provides to Beegris and the Product(s) and/or Product Information does not and will not infringe upon any third party's right. By clicking on the button marked "I agree" you agree to grant such license and represent and warrant that you have all right, title and license required to provide the license to Beegris as set forth herein. When uploading a Product or Product Information to the Services, you will be requested to confirm your right to provide the license again. By clicking on the button marked "I agree" you confirm, represent and warrant the foregoing. The Licensor may restrict certain countries in which a Product and/or Product Information may be licensed.
If you are a Licensee - subject to these Terms and completion of the registration and purchasing process on the Site by a Licensee, Beegris shall grant to the Licensee a perpetual, non-exclusive, non-sublicensable and non-transferrable, license to use, revise, alter, and decompile the Product(s) and/or Product Information for its own personal or internal business purposes. For the avoidance of doubt, the Licensee shall not use the Product(s) and/or Product Information in connection with any commercial endeavors in any manner, except for the purposes specifically set forth herein. The foregoing license shall not extend to any subsequent modifications or alterations to the Product(s) and/or Product Information offered by the Licensor on the Site ("Modifications"). Any and all Modifications shall be subject to the purchase of an additional license for the applicable Product and/or Product Information in accordance with the terms hereof. Without derogating from the above, Beegris may restrict certain countries in which certain Product(s) and/or Product Information may be licensed. Notwithstanding the foregoing, subject to the terms and conditions hereof, the Licensee may purchase a license to the Product(s) and/or Product Information for the exclusive and sole use of a third party.
Fees and Payment
The fee payable in respect of a license for a Product and/or Product Information will be as specified on the Site ("Licensing Fees"). Payment shall be made through PayPal or another third-party payment processor, as detailed on the Site.
The Licensor shall pay Beegris a commission equal to sixty percent 60% of the Licensing Fees received by Beegris from the Licensee ("Commission"). The Commission may be amended from time to time as specified on the Site. The Commission shall be deducted by Beegris or its third-party payment processor, as the case may be, prior to making payment to the Licensor in respect of the Licensing Fees, on a monthly basis within 60 days of receipt thereof by Beegris.
Where applicable, taxes may also be charged. It is your responsibility to determine whether you are required to pay and/or collect any applicable taxes, and to clarify such information when purchasing or offering the Product(s) and/or Product Information through the Services. Beegris does not accept any responsibility for the calculation or collection of any applicable taxes. Except as expressly provided in these Terms, fees are non-refundable.
Your use of the Site and Services is at your sole discretion and risk. The Site, Content (including User Content) and Services as a marketplace are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Product(s) and/or Product Information will be of good quality or useful for your own needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT THEREOF (INCLUDING USER CONTENT), AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND SERVICES; (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES.
We take no responsibility for the quality of the Product(s) and/or the Product Information or the use thereof by you or any other third party. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services, and quality of the Products(s) or Product Information. We assume no responsibility or liability with respect to any design of Product(s) and Product Information and/or copies thereof licensed by Licensee through the Site or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, software, damage to users or to any person's cellular phone related to or resulting from participation or downloading materials and/or uploading of the image and/or picture in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any content posted on or through the Site or Services, or from the conduct of any users of the Site or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE PRODUCT(S) AND/OR PRODUCT INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM.
You agree to indemnify, defend, and hold harmless Beegris and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password or LinkedIn account or login information (including but not limited to breach of warranties, representations and obligations under these Terms); (b) any claim, loss or damage experienced from your use or attempted use of the Site or the Services, including any image and/or picture uploaded to the Site or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
These Terms shall be governed by the laws of the State of Israel and the competent courts in Tel Aviv-Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Beegris must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Beegris or enables you to act on behalf of Beegris. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.
Last updated: July 2019