BY CREATING A #be ACCOUNT AND/OR USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES.
#be and the services provided (“Service”) are maintained and operated by BE ENERGY INTERNATIONAL SAGL and its holding, affiliates and/or subsidiaries companies. In the context of this agreement, #be shall mean BE ENERGY INTERNATIONAL SAGL (and its holding, affiliates and/or subsidiaries companies) and/or “us”, “we”, “our”, “the Company”, the www.hashtag.be website and the apps and services provided by any technology solution owned and provided by BE ENERGY INTERNATIONAL SAGL.
Under this agreement, “Use” shall mean any of the Internet based or other services offered by the Company, including, but not limited to, those listed in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application or otherwise. In the context of this agreement “Use” should also mean “Services”. “User Contributed Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, “Skins”, “Sketches”, or files) uploaded by a user through the Services or otherwise integrated into the Services by a user. “User Created Artwork” shall mean any intellectual property created by a user as part of his or her use of the Services.
Use of the sites and services #be provides
The Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software and to display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of #be.
Finally, the Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
Our goal is to provide an improved browsing and sharing experience about your interests.
We respect the ownership of the content that users share and each user is responsible for the content he or she provides.
Because of these principles, we do not actively monitor and will not censor user content, except in limited circumstances described below.
Ability to enter this agreement and other Obligations
You are able to enter into this agreement. You have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms.
You will be bound by any additional rules or policies published within or with respect to any application (“app”), forum, contest, or game provided in the Service.
Except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of the Company.
Any User Created Artwork is your original work and your contribution to the User Created Artwork does not violate any third party’s privacy rights, publicity rights, copyrights or other intellectual property rights.
You agree to pay all royalties, fees, and any other amounts with respect to your contributions.
You must be at least 13 years old to open a #be account.
The #be service is only available to individuals aged 13 years or older.
We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing and interacting with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service.
Before sharing content on #be, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights.
You retain full ownership to your content (“User Content”). By “User Content” we understand both, the stuff you select from other sources and upload on #be (“User Contributed Content”) and the content you generated/published on #be (“User Created Artwork”). #be does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (“User Content”) that you post on #be. We do, however, need you to grant us certain rights in the “User Content”, so that we can incorporate such “User Content” in our services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of User Content on or through #be. By displaying or publishing any content on or through the #be, you hereby grant to #be a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing parts or all of the Content in any media formats through any media channels, except content not shared publicly (“private”) which will not be distributed outside #be.
All materials directly developed by #be are copyrighted by BE ENERGY INTERNATIONAL SAGL (and its holding, affiliate or subsidiaries companies) and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of #be including related graphics and materials.
#be is a trademark/service mark that identifies the Company and the services provided by it. Such marks may not be used under any circumstances without the prior written authorization of the Company.
You do not acquire any ownership rights by using #be and the Service, downloading material from or uploading material to #be and the Service, or by purchasing any virtual goods or virtual currency. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Services, except as expressly permitted herein, without the express prior written permission of the Company.
Content Boundaries and Use of #be
In order to provide the #be service there are some limitations on the type of content that can be published with #be. These limitations comply with legal requirements and make #be a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest, more information will be given later on the document.
- Impersonation: You may not impersonate others through the #be service in a manner that does or is intended to mislead, confuse, or deceive others.
- Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended.
- Private information: You may not publish or post other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
- Violence and Threats: You may not publish or post direct, specific threats of violence against others.
- Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
- UnlawfulUse: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content
Please review these standards. They will help you understand what type of expression is acceptable, and what type of content may be reported and removed.
- Violence and Threats
Safety is #be top priority. We remove content when we perceive a genuine risk of physical harm, or a direct threat to public and private safety. You may not credibly threaten others, or organize acts of real-world violence. Organizations with a record of terrorist or violent criminal activity are not allowed to maintain a presence in #be. We also prohibit promoting, planning or celebrating any of your actions if they have, or could, result in financial harm to others, including theft and vandalism.
- Bullying and Harassment
#be does not tolerate bullying or harassment. We allow users to speak freely on matters and people of public interest, but take action on all reports of abusive behavior directed at private individuals. Repeatedly targeting other users with unwanted friend requests or messages is a form of harassment.
- Hate Speech
#be does not permit hate speech, but distinguishes between serious and humorous speech. While we encourage you to challenge ideas, institutions, events, and practices, we do not permit individuals or groups to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.
- Graphic Content
People could use #be to share information through photos and videos. We understand that graphic imagery is a regular component of current events, but must balance the needs of a diverse community. Sharing any graphic content for sadistic pleasure is prohibited.
- Nudity and Pornography
#be has a strict policy against the sharing of pornographic content and any explicitly sexual content where a minor is involved. We also impose limitations on the display of nudity. We aspire to respect people’s right to share content of personal importance, whether those are photos of a sculpture like Michelangelo’s David or family photos of a child breastfeeding.
- Identity and Privacy
On #be people might connect using their real names and identities. We ask that you refrain from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization, or creating multiple accounts undermines community and violates #be terms.
We take the safety of our members seriously and work to prevent attempts to compromise their privacy or security. We also ask that you respect our members by not contacting them for commercial purposes without their consent.
- Bugs and issues
The Services licensed under #be network sites are tested over and over by our team; however it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these cases, the Company will try to fix the bugs, issues and errors found and will supply the buyer with working updates.
We take the safety of our members seriously and work to prevent attempts to compromise their privacy or security, including those that use fraud or deception. Additionally, we ask that you respect our members by not contacting them for commercial purposes without their consent.
Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.
We are using third party redundant Amazon AWS cloud services, which are currently among the most reliable on the planet. In addition to this, we are also using dedicated server solutions.
#be cannot be held liable for any faults, failures, errors, or issues, including permanent data loss due to third party server issues.
If you see something on #be that you believe violates our terms, you should report it to us. Please keep in mind that reporting a piece of content does not guarantee that it will be removed from the site.
Because of the diversity of our community, it’s possible that something could be disagreeable or disturbing to you without meeting the criteria for being removed or blocked. For this reason, we also offer personal controls over what you see, such as the ability to hide or quietly cut ties with people, Pages, or applications that offend you.
Focus on Spam and Abuse
#bestrives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
- Serial Accounts: You may not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the #berules is cause for permanent suspension of all accounts.
- Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than six months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
- the number of accounts created
- creating accounts for the purpose of preventing others from using those account names
- creating accounts for the purpose of selling those account
- using feeds of third-party content to update and maintain accounts under the names of those third parties
- Selling usernames: You may not buy or sell #beusernames.
- Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
- Spam: You may not use the #beservice for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
- If your updates consist mainly of links, and not personal updates;
- If a large number of spam complaints have been filed against you;
- If you post duplicate content over multiple accounts or multiple duplicate updates on one account;
- If you post multiple unrelated updates to a topic using #, trending or popular topic, or promoted trend;
- If you send large numbers of duplicate @replies or mentions;
- If you send large numbers of unsolicited @replies or mentions in an aggressive attempt to bring attention to a service or link;
- If you repeatedly create false or misleading content in an attempt to bring attention to an account, service or link;
- If you repeatedly post other users’ account information as your own (bio, Tweets, url, etc.)
- If you post misleading links (e.g. affiliate links, links to malware/click jacking pages, etc.);
- Creating multiple misleading accounts in order to gain followers;
Your account may be suspended for Terms of Service violations if any of the above is true. Please see our help pages for a more detailed discussion of how the Rules apply to those particular account behaviors. Accounts created to replace suspended accounts will be permanently suspended.
Accounts engaging in any of these behaviors may be investigated for abuse. Accounts under investigation may be removed from Search for quality. #bereserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
#be reserves the right to adjust any metric or value associated with any element of the system without prior notification of the user.
#be reserves full and unlimited editorial control over all contents.
Links with other websites
REPRESENTATIONS & WARRANTIES – DISCLAIMER OF WARRANTIES
The information and materials on #be could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY DIGITAL PRODUCTS, SERVICES, INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES AND RESPONSIBILITY: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITES AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITES OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITES OR THE SERVICE.
Additional terms on user submissions, site security and conduct
Any Material you post publicly to #be will be accessible to all users of the site (“Users”). We have incorporated all reasonable and commercially available measures to protect the site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password, including the content of the materials you post on #be. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
You further consent that this Agreement is governed by and shall be construed in accordance with the laws of Switzerland without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of Switzerland for any disputes arising out the use of #be. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider’s registered office.
This Agreement constitutes the entire agreement between #be and you with respect to the website and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement. Any remaining provisions of the agreement will continue to be enforced with full effect.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITES OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES, FROM INABILITY TO USE THE SITES OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITES OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITES OR THE SERVICE OR ANY LINKS ON THE SITES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you.
CONSEQUENCES OF VIOLATION OF TERMS
We may without notice to you, suspend your Service or remove any materials transmitted via #be if it discovers facts that lead it to reasonably believe that our service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.
You acknowledge that your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms, but also as an infringement of the Company’s copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.
You acknowledge that we may delete your account for any reason or for no reason at all, and if we delete your account as provided in these Terms (for example because of your violation of our Copyright Policy), you will lose all Virtual Goods in your account, whether those items were provided to you gratuitously, or due to a payment of cash or the performance of services, and in such event, the Company shall have no obligation to make any refund to you. Until such times as these Terms are changed to the contrary, you will have no right to convert our virtual currency into actual money or into any tangible property.
Company and Contact
#be is a trademark of BE ENERGY INTERNATIONAL Sagl (Switzerland) and of its holding, affiliates and/or subsidiaries companies
BE ENERGY INTERNATIONAL Sagl (Switzerland) and its holding, affiliates and/or subsidiaries companies are here above referred as #be.
Date of last revision: February 29th 2016