Update date: August 4, 2022
Welcome to Beentime !
Beentime is a social network offering its Users to share with friends or publicly photos and videos, called teasers, which are renewed with each publication (hereinafter the "Application").
Access to the Application and use of the Services are conditional upon acceptance of and compliance with these Terms. Therefore, by creating a User Account and using the Application you agree to comply with the obligations described in this document.
1. Definitions and Interpretation
In these ToU, the following terms have the following meaning:
"User Account" or "User Profil" refers to the space specific to a User on which he or she can find information about him or herself, consult and comment on the Content of other Users, and publish his or her own Content. The User Account is by default public and can be consulted by any User.
"Content" means photos, videos published on the Application and/or created through the Application Services;
"Parties" means Beentime and the User;
"Platform" means the online solution accessible from the Beentime application;
"Services" means all the features offered to the User to allow him to create, publish and share his content;
"Users" means any natural person using the Application and its Services.
2. User Account Creation
2.1 Requested Information
In order to use Beentime you must create a User Account that will be specific to you. When creating your User Account we will ask you to provide the following information :
an email address
These elements are essential to use the Application Beentime.
When creating your User Account, the information provided must correspond to your own identity and must not be false or erroneous.
You also agree to keep your User Account password confidential.
2.2 Age Limit and Parental Permission
Beentime is open to users over the age of 12 only.
3. Services Description
You may use the Services on your phone through the Beentime Mobile Application. The Services allow you to (i) create, publish, share Content, (ii) view other Users Content, (iii) interact with them, (v) chat with friends only.
(i) Create and Share Your Own Content
Under this feature you can:
Take a teaser (photo or video) from the Application's camera or upload Content from your photo library, with your permission;
Choose to share your teaser with your friends or publicly;
A teaser cannot be deleted, only replaced by a new teaser.
(ii) Display Other Users Content
You may view the Content of other Users when:
You are friends with the User;
The Content is shared publicly.
(iii) Interact With Other Users
You can interact with other Users Content through:
Comment on a Users teaser;
You can follow or unfollow a User;
Find a User by their username in the search bar;
A messaging system for private exchanges between friends.
You can chat with friends only:
Messages in chat are deleted 24 hours after the last message is sent in the conversation.
4. Reporting Illegal or Inappropriate Content
As a hosting company, we are not under a general condition to monitor the information we store. Nevertheless, if you believe that a Content is illicit or inappropriate, you can report it to us by holding a pressure on the teaser of a user.
In particular, we invite you to report any Content of a sexual and/or child pornographic nature, calling for hatred, terrorism, violence in general or against a group of people in particular, inciting to the endangerment of others or provoking suicide.
5. User Obligations
Use Beentime if you are under 12 years old.
Use Beentime for advertising or commercial purposes to publish or facilitate the transmission of advertising, commercial solicitations, spam, or to collect information, data or Content about other Users without their permissions;
Tamper or attempt to tamper with the proper working of the Application, interfere with access to the Application or circumvent any measures we may use to block or restrict access to the Services;
Use the Beentime Application in a deceptive, malicious, discriminatory, or otherwise unlawful manner, such as impersonating someone else for personal or commercial purposes;
Harm or attempt to harm another person or group, including, but not limited to, bullying, harassment, promotion of sexual content, violence, hate speech, dissemination of false information;
Use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make available any Content that may infringe upon the intellectual property rights of others, or the privacy, image, dignity or honor of others, including a deceased person. In this regard, please note that you are solely responsible for the Content you choose to share on the Application, especially when this Content represents other people. We recommend you that you always ensure that you have the consent of others to use their image or creations on Beentime.
We reserve the right, at any time and without notice, to remove or temporarily or permanently suspend access to any Content that is clearly illegal or does not comply with these Terms.
6. User Account Deletion
We reserve the right to terminate your User Account upon notice from us and without prior notice, for any reason whatsoever, including but not limited to:
Violation or attempted violation of the Terms and/or applicable law;
Unexpected technical or security problems;
Long periods of inactivity of your account
In such a case, you are not allowed to create a new User Account.
7. Intellectual Property
7.1 Intellectual Property and Application Integrity
Excluding the Content generated by Users, the Application is the exclusive property of Beentime, including its structure, design, interfaces, databases, text, digital content, trademarks. The Application is protected by the provisions of the French Intellectual Property Code and any national or international text in force applicable to intellectual property law.
You may use the Application under a non-exclusive, limited, non-transferable, revocable license, valid worldwide and until the deletion of your User Account, to share your Content and interact with Users only.
Accordingly, you may not reproduce, distribute, reverse engineer, disassemble, decompile or otherwise use the Application or any portion thereof in any form whatsoever, except as authorized in writing by us. Any violation of this obligation constitutes an infringement, punishable by articles L.335-2 and following of the Intellectual Property Code.
It is also forbidden to:
Extracting data by temporary or permanent transfer, or using the Application or its visible databases for commercial or other purposes by making them available to the public in whole or in part and substantially in quantitative or qualitative terms;
To extract or use in a repeated and systematic way all or part of the visible information of the Application, when such an operation clearly exceeds a normal and private use of the Application;
Exploit, market or distribute any component of the Application, including but not limited to the visible information of the Application, the databases, the Services, the programs, the source codes, the algorithms, the methods incorporated in the Application;
Use any device or software to interfere or attempt to interfere with the proper working of the Application, or take any action that imposes a disproportionately large load on our infrastructure.
7.2 Intellectual Property and License
By using Beentime, you will create Content of which you may be the author and, if applicable, the owner of the intellectual property rights.
When you share Content on the Application, you grant Beentime and all its Users a free, non-exclusive, 30 year, worldwide license in any medium to:
To other Users to reproduce and share Content on WhatsApp, Facebook, Snapchat, Twitter and more generally any social network or messaging application that may be interfaced with Beentime;
To Beentime to host, store, reproduce, modify, adapt, display, publish, edit, distribute and sublicense all or part of the Content for the purpose of providing the Application Services to its Users, and to conduct marketing, communication or commercial promotion activities of Beentime.
8. Indemnification, Warranty Exclusion and Liability
The Application and its Services are provided "as is". Consequently, we do not offer you any guarantee concerning them, and in particular concerning:
The accuracy and reliability of information obtained through the use of our Services;
The absence of interruption, errors, security breaches, infringement of the rights of third parties in the operation of the Application,
The conformity of our Services to your expectations.
More generally, you acknowledge that the internet, and any telematic network used for data transmission may involve risks related to the lack of protection of certain data against possible misuse and risks of contamination by viruses. Also, Beentime cannot be held responsible for the loss of data, or for the loss of opportunity or time.
In any event, our liability is limited to direct material damages to the exclusion of any indirect damages of any kind.
We further reserve the right, to the extent permitted by law, to modify, suspend, discontinue or limit the availability of all or any part of our Platform for business and operational reasons at any time without notice.
9. Data Protection and Privacy
Users are informed that the personal data collected may be subject to data processing activities in accordance with French Law No. 7817 of January 6, 1978 relating to data processing, files and freedoms, as amended (known as the Data Protection Act) as well as EU Regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation (GDPR).
Beentime reserve the right to modify its ToU at any time. In this case, Beentime will publish the new versions of the ToU on the pages of the Application and will alert Users by means of a pop-up window that will appear when opening the Application.
In the event that all or part of the provisions of the GTC are deemed illegal, unenforceable or inapplicable by a court decision, the other provisions or agreements shall remain applicable, provided that the general scheme of the contract is not disrupted. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by the Parties.
12. Applicable laws and jurisdiction
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent settlement by extrajudicial means of online dispute between consumers and professionals in the European Union.
The present Conditions are subject to French law. Any dispute not resolved by the means indicated above will be submitted to the competent court corresponding to the place of residence of the User located in one of the member states of the European Economic Area.
You can contact us at any time by e-mail to firstname.lastname@example.org