TERMS OF SERVICE
These terms of service (the “Terms”) are an agreement between you and Bestest LLC (“BESTEST”, “we”, or “us”) that describe your rights to use the BESTEST App (the “Services”).
By clicking a box indicating your acceptance, accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, do not use the Services.
We may revise these Terms from time to time, and will always post the most current version on the Website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
1. Use of the Services.
In order use the Services, you must be of a certain age required by law and fully competent to understand and agree to these Terms. Users under 18 may use the Services with the express consent of a parent or legal guardian. If you're the parent or legal guardian of a minor that creates an account, you accept these Terms on the minor’s behalf and are responsible for all use of the accounts or Services, including charges. You may not reregister for an account for Services if any of your accounts have previously been terminated by us.
You are granted the right to use the Services only for personal use. Except for the limited rights expressly granted hereunder, BESTEST and our licensors reserve all right, title and interest in and to the Services, including all associated intellectual property rights.
No right is granted, and you may not, without BESTEST’s prior written consent: (i) download, modify, reproduce, or resell any of the Services or content therein; (ii) access the Services if you are our competitor; (iii) reverse engineer or decompile any software associated with the Services or assist anyone in doing so (unless such restrictions are prohibited by law); or (iv) access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Use of the Services require that you register for an account and link a third party email account and/or your phone number to your BESTEST account. If you register an account, you are responsible for maintaining the confidentiality of your user name and password. You agree to accept full responsibility for all activities that take place under your account or password. You represent and warrant that you will, when registering your account or making purchases, provide accurate, up to date account information (such as your real name, mobile number and valid e-mail) and will promptly update your account information if it changes.
4. Your Content
(A) Use of Your Content. Use of the Services will involve uploading and storing pictures, videos, texts and other content by you (“Your Content”). You retain ownership to Your Content. You grant BESTEST a worldwide, perpetual, fully-paid license, including the right to sublicense, to host, copy, transmit, distribute, and display Your Content as necessary to provide the Services to you and other users.
(B) Responsibilities. You are solely responsible for Your Content and your communications with others while using the Services. It is your responsibility to ensure that you have all rights and permissions with respect to Your Content, and to avoid infringement or violation of any rights of others. You acknowledge that we have no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Content or any other information or content you may be able to access using the Services. You agree to indemnify and hold BESTEST, its affiliates, licensors and agents harmless from all claims based on Your Content, your access and use of content of others and/or your use of the Services.
(C) Access To Your Content. Subject to the content you are required to share with other users in the Profile screen, until you choose otherwise, you control access to Your Content. In addition the Services do allow you to share Your Content with others. If you choose to share Your Content, anyone with whom you have shared Your Content may, use, save, reproduce, distribute, display, and transmit that Your Content in connection with their use of the Services or otherwise, so please carefully consider what you share and with whom you share it. BESTEST is not responsible for use of Your Content by other users or any third party.
5. Your Responsibilities
(A) You may have access to information and content of others. You may not copy, upload, download, or share any information or content using the Services unless you have the right to do so. You will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.
(B) You may not, and you agree that you will not attempt to, use the Services to violate any laws or any rights of BESTEST or any other person or otherwise misuse or inappropriately use the Services.
6. Modifications and Termination
The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause. Such reasons may include, without limitation, for example, our inability to provide a feature or component of the Services due to changes in technology or license rights, our determination that certain portions of the Service are not commercially feasible to maintain.
You can stop using our Services any time. We reserve the right, in our sole discretion, to suspend or terminate your account, with or without notice, and with or without cause. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to Your Content, and that if your account is terminated, we may delete all content and files associated with your account unless we are legally required to maintain it.
7. Intellectual Property Rights
All content, materials, layout, organization, design, graphics, logos, service marks, trademarks, and trade dress on the Website and/or the Services are protected by the intellectual property rights of BESTEST and its licensors (including, without limitation, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws), and may not be used without prior written consent of the owner. All rights are reserved.
If we provide you with any software under an open source license, there may be provisions in those licenses that conflict with these Terms, in which case the open source provisions will apply with respect to the code to which those provisions apply.
8. Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND ASSOCIATED SOFTWARE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL EFFECTS, AND MAKE NO REPRESENTATION REGARDING CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY THE FOREGOING. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER, DEVICES OR OTHER EQUIPMENT.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST DATA, INCOME, REVENUE OR PROFITS) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF BESTEST, OUR AFFILIATES, LICENSORS, RESELLERS, AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND SHALL NOT EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO BESTEST IN THE THREE (3) MONTHS PRIOR TO THE FILING OF A CLAIM; PROVIDED THAT IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS (USD$100).
9. Digital Millennium Copyright Act
If you believe that any material used in conjunction with the Services infringes your copyright, please notify us (contact information below) requesting that the infringing material be removed. The notice must contain the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works; (iii) identification of the allegedly infringing material and its location on the Services; (iv) information reasonably sufficient to permit us to contact the complaining party, including, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Upon receiving such a notice, we will follow the procedures set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512). Notices for should be sent to: contact@myBESTESTapp.com, attn: Legal Department.
10. Miscellaneous Legal Terms
These Terms constitute the entire and exclusive agreement between you and BESTEST with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Failure by BESTEST to enforce a provision of these Terms is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted to reflect our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. BESTEST may, without notice to you, assign its rights and obligations to any of its affiliates or subsidiaries, or to any successor in interest of any business or assets associated with the Services.
Except as otherwise set forth in these Terms, you should direct any legal notice in connection with the BESTEST Services to BESTEST LLC at contact@myBESTESTapp.com, attn: Legal Department.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.