Terms of use





Definitions

“You” includes any entity that you represent under agency law. "Viewer" includes any individual or entity that views, prints, distributes or otherwise uses the contents of this website whether in electronic or printed form. "Web site" or "website" includes any information contained upon www.bescene.net (including subdomains, folders, databases, files, or webpages that are located on the web server or host of www.bescene.net), or any website that mirrors the content of www.bescene.net.

Acceptance of Terms

By accessing and using this website, you accept, agree to and will be deemed to be bound by the current version of the Terms of Service published on this web site. If you do not agree to be bound by the terms, you are not to view, print, distribute, or utilize the web site. You hereby acknowledge that any reliance upon any content, information or other material on this web site shall be at your sole risk. You are to seek outside legal counsel before agreeing to these Terms of Service. In addition, by viewing this website, you agree that you are over the age of 18. If you are under the age of 18, please visit www.disney.com and do not return.

Reviews, Ratings, & User-Generated Content

You may create, post, or upload content that you invent for the purposes of reviewing the vendors on this website, commenting on listings of real estate or business opportunities, or fostering a collaborative, constructive online community.

If you decide to create content for this website, you agree to use your best efforts to only create content that is helpful to other visitors of this website.

You may not use a misleading name when posting content. You may not impersonate another person or entity when posting content or contacting others through this website. You may not use scripts or other software to generate automatic “hits”/visits to web pages on this website.

You may not generate content that is illegal in your local jurisdiction, that constitutes a tort, that infringes on privacy or intellectual property rights, that is hateful, that is disruptive to the bescene.net community, or that is considered bothersome by a reasonable person. You may not send chain letters or spam, as defined by the CAN-SPAM Act. You may not promote multi-level marketing or network-marketing opportunities, with the exception of opportunities offered by national real estate brokerage franchises. You may not disrupt the uptime or service of bescene.net. You may not upload viruses to, use bots on, install scripts to, or scrape bescene.net.

Bescene, Inc. has the right to edit, censor, or remove, without notice and in its sole discretion, any of your material or content that it deems inappropriate.

You agree that Bescene, Inc. may use the intellectual property contained in your posted content or in your communications to us without compensating you.

Unless otherwise provided for in our Privacy Policy, the content that you publish and the personal information that you supply to us is not confidential. Bescene, Inc. may, in its sole discretion, disclose the aforementioned content and personal information to third parties.

You are solely responsible and liable for content that you create, post, or upload.

No Responsibility for Others’ Content

You may view content generated by other visitors to this website. Bescene, Inc. has no responsibility for monitoring, approving, or censoring content generated by these other visitors. You agree to view information on this website at your own, sole risk. You agree that Bescene, Inc. has no liability at law or in equity for your viewing of this website or for any/all actions that you take as a result of using this website. Furthermore, Bescene, Inc. is not liable to you for content submitted by others to the website, even if that content is viewable by the public.

Use of Your Content

You grant to Bescene, Inc. a worldwide, royalty-free right in perpetuity to sub-license, store, publish, and create derivative works from your content in any media now or hereafter known.

You represent and warrant that you either (1) solely own the rights to your content, or (2) have legally obtained the rights to the content and that you have the authority to grant to Bescene, Inc. the rights mentioned in the previous paragraph.

Displaying of Paid Advertising in Organic Searches

Search results may display listings of property, business opportunities, vendors, businesses, or advertisers. Some of these search results may combine paid advertising with listings that are not paid advertising. Bescene, Inc. may or may not distinguish for you which are paid advertising. The search results may give preference to listings that have been paid for.

Opt-In Agreement

You agree that by entering your name and email address on this website or with its third-party payment processor, you give express direct consent to Bescene, Inc., and to any third party advertisers who may run advertising in Bescene, Inc.'s e-mails to you, and to receive in-house and third-party advertising via e-mail. Pursuant to the CAN-SPAM Act, you understand this consent extends to any service, product, or other promotional message, where you may have previously advised others of your preference not to receive such messages. You further consent, pursuant to the act, that the agreed mechanism to unsubscribe from further mailings, is to click the unsubscribe link, which will be contained in every mailing and not by any other means or notice.

You also agree that you will make no threats, and take no additional action -- legal or otherwise -- against Bescene, Inc. in the event that you are unhappy that you subscribed or are not able to remove yourself from this free mailing list, and you agree that receiving e-mail communications from Bescene, Inc. or third parties (who are described in the paragraph above) will cause you no personal, emotional, or financial harm whatsoever. You agree that you have opted-in to receive our e-mails by providing your name and email address on our website or with our third-party service providers. If you need further assistance, please e-mail hello@bescene.net.

Furthermore, by entering your fax number on this website, you agree that you waive all of your rights and causes of action, at law or in equity, related to dissatisfaction with receiving faxed commercial advertisements.

Not Professional Advice

The materials on this website are intended to provide general information and should not be relied upon for specific professional advice. Accounting, legal, appraisal, real estate, and financial professionals should be consulted regarding questions of professional opinion.

Jurisdiction

Viewer understands and agrees that use of this web site is not intended to and does not create jurisdiction in any state or country other than the state of California of the United States of America. Viewer understands and agrees not to use this site if Viewer deems electronic communication as consent to jurisdiction in any other state or jurisdiction. Viewer further understands and agrees that the information on this website is not directed towards any specific jurisdiction other than the state of California of the United States of America. Viewer understands that the information on this web site is published in the jurisdiction of California, more specifically, Los Angeles, California. Viewer acknowledges and agrees that all information contained on this site is deemed “published,” for intellectual property purposes, when first posted to our web server.

Governing Law

These Terms of Service and the relationship between viewer and Bescene, Inc. shall be governed by the laws of the state of California without regard to its conflict of law provisions.

Alternative Dispute Resolution

If a dispute against Bescene, Inc. arises from the use of this website, you may be required to submit your dispute to a mediation process, at the sole discretion and option of Bescene, Inc.

The mediator shall be mutually selected by Bescene, Inc. and you. The mediator is to be on panel with the American Arbitration Association.

If you and Bescene, Inc. cannot agree on the selection of a mediator within 14 days after Bescene, Inc. notifies you of its intention to mediate, or if Bescene, Inc. does not decide to mediate the dispute, then the parties shall submit their dispute to an arbitrator on panel with the American Arbitration Association.

If the parties cannot agree on the selection of an arbitrator within 14 days after all of the parties have received a written notice of intent to arbitrate, the parties agree that a neutral administrator at the American Arbitration Association with no prior contact or knowledge of the parties/dispute shall select an arbitrator that he or she deems competent.

Unless otherwise provided for on this website, fees for mediation/arbitration and other costs are to be apportioned between the parties according to the American Arbitration Association’s rules regarding fees.

However, if California’s small claims court has jurisdiction over your matter, then these mediation and arbitration procedures do not apply.

If the dispute concerns the ownership or use of intellectual property, then you or Bescene, Inc. may file an action in court without regard to these mediation and arbitration provisions.

Consent to Jurisdiction

Viewer consents to the exclusive jurisdiction and venue of the courts located within the county of Los Angeles, California U.S.A., regarding any and all disputes relating to this agreement or any of Bescene, Inc.'s web sites. User agrees that this choice of forum is convenient and waives any objection to the submission of such jurisdiction.

Consent to Discovery

Viewer understands that all communications through e-mail, telephone, or other means of communication to Bescene, Inc., or any agent or employee of Bescene, Inc., may not be protected and therefore may be discoverable in a court of law.

Communications

Viewer understands and agrees that Bescene, Inc. is not obligated to respond to, review or retain unsolicited written or electronic communications received from any Viewer, and that Bescene, Inc. is not obligated to provide notice of the above behavior to Viewer. Viewer understands and agrees that Bescene, Inc. may, in its sole discretion, respond to or discard such communications on a case-by-case basis. If Viewer does not receive a response to a communication sent to Bescene, Inc. within 24 hours, viewer is strongly advised that it is unlikely that Bescene, Inc. will respond to Viewer.

“As-Is” of Information

Viewer understands and agrees that the products and services (including this website) provided by Bescene, Inc. is provided "as-is" and that Bescene, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery, or the failure to store, update, or provide any content or other subject matter on this website. Information on this website may contain inaccuracies or typographical errors. Information may be changed or updated without notice. There is no guarantee that the information on this web site is current or complete.

External Links

Bescene, Inc. may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. Bescene, Inc. may provide links to other world wide web sites or resources. Because Bescene, Inc. has no control over such sites and resources, Viewer acknowledges and agrees that Bescene, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Viewer further acknowledges and agrees that Bescene, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Warranties

Viewer expressly understands and agrees that:

A. Viewer's use of this web site is at Viewer's sole risk. All information is provided on an "as is" and "as available" basis. Bescene, Inc. 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. Bescene, Inc. makes no warranty that (i) the site will meet your requirements, (ii) the web site will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the web site will be accurate and reliable.

C. Any material downloaded or otherwise obtained through the web site 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 that results from the downloading of any such material.

D. Bescene, Inc. does not warrant or guarantee the accuracy of any facts on the website, including but not limited to prices, quantity, quality, availability, or authenticity.

E. No advice or information, whether oral or written, obtained by you from Bescene, Inc. shall create any warranty not expressly stated herein.

Limitation of Liability

Viewer expressly understands and agrees that Bescene, Inc. 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 Bescene, Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the site; or (iv) any other matter relating to the web site. Furthermore, Bescene, Inc. shall not be held responsible for the actions of Viewers who follow the advice published on this website.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnity

You agree to defend, indemnify and hold Bescene, Inc. and his affiliates, officers, employees, agents, co-branders or other members, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys' fees, from a third party due to or arising out of your use of the web site, your violation of these Terms of Service, or your violation of any rights of another.

Trademark Information

bescene.net, the phrase “Bescene,” and the appearance, packaging, and design of www.bescene.net (and webpages that share part of the domain name www.bescene.net) are trademarks of Bescene, Inc. (the "Bescene Marks"). Without Bescene, Inc.'s prior permission, you agree not to display or use in any manner, the Bescene Marks.

Reproduction of Content

Viewer understands that the content upon www.bescene.net web site is protected by United States and international copyrights. Viewer agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the web site without the prior permission of Bescene, Inc.. Notwithstanding the foregoing, Bescene, Inc. grants the right to download web site materials for personal non-commercial use.

No Grant of License

Nothing on this website or on any of Bescene, Inc.'s websites, or your use of this website, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Bescene, Inc., its affiliates or any third party, whether by estoppel, implication or otherwise.

Digital Millennium Copyright Act (DMCA) Claims

Bescene, Inc. respects the intellectual property of others, and we ask all viewers and contributing writers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bescene, Inc.’s DMCA Agent (see below for contact information) with the following information, pursuant to the Digital Mullennium Copyright Act, specifically 17 U.S.C. 512(c)(3):

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the site;

4. Your name, address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you submit a DMCA claim, you grant Bescene, Inc. permission to publish a copy of it, or any portion of a copy of it, to third parties.

Bescene, Inc. may, in its sole discretion, reinstate content that has been censored or deleted due to a DMCA claim or complaint.

DMCA Agent

Below is the contact information for Bescene Inc’s DMCA Agent:

Name: Aaron Manza
Title: DMCA Agent
Address: PO Box 52871, Irvine CA, 92619
Phone Number: 949-870-9673
Fax Number: 626-458-8696
Email Address: aaron.manza@bescene.net

DMCA Rebuttal Rights

If you have a good faith belief that your content was removed in error due to a DMCA claim, you may notify Bescene, Inc. by submitting to Bescene Inc.’s DMCA Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim is not infringing;

3. A description of where the material is or was located on the site;

4. Information detailing the reason you believe the content does not violate the intellectual property rights of another.

5. Your name, address, telephone number, and email address;

6. A statement by you that you have a good faith belief that the disputed use is authorized by the copyright owner, its agent, or the law;

7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf, and that the material was removed by mistake or misidentification.

8. A statement by you that you consent to jurisdiction in Los Angeles, CA.

If you submit the above-described rebuttal, you grant Bescene, Inc. permission to publish a copy of it, or any portion of a copy of it, to third parties.

Bescene, Inc. may, in its sole discretion, reinstate content that has been censored or deleted due to a DMCA complaint.

Repeat Copyright Infringers

If you repeatedly infringe on the copyrights of others, your content and account are to be removed pursuant to the Digital Millennium Copyright Act. In addition, your IP address may be logged and your IP or ISP may be banned from accessing this website.

Section Titles

The section titles on this page are for convenience only and have no legal or contractual effect.

Savings

Any provision contained in this agreement that is found by an arbitrator or by a court of law to be void or unenforceable shall not affect the validity or enforceability of any other provisions of this agreement.

Compliance with Local Laws

When viewing, accessing, or interacting with this website, you are solely liable for complying with your local jurisdiction’s rules, regulations, statutes, or laws.

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