(Last amended on 6 June 2018)
be2 is an online service for adults to meet others searching for a long-term relationship.
be2 is operated by be2 S.à.r.l., a Luxembourg company (“be2” or “we”).
In order to access or use the be2 website (the “Website”) or as far as available, the iOS or Android App (the “App”), you must register with be2. As far as a be2 iOS App is available, registration via this iOS App requires the prior download of the App via the Apple iTunes App Store. As far as a be2 iOS App is available, registration via this Android App requires the prior download of the App via the Google Play Store. Your access to and use of the Website/App, as well as clicking on the registration button upon entering the Website/App creates a legally binding agreement between you and be2. By accessing the be2.com website/App or registering with be2, you acknowledge that you have read, understood and accepted the General Terms and Conditions of Use set forth below (these “Terms” or this “Agreement”). You are bound exclusively by these Terms, even if you use or access the Website/App from outside the United States.
These Terms specify the conditions that apply for the use of the Website/App and other services offered by be2 S.à.r.l. from time to time, including use of the be2 S.à.r.l. database system (the “Services”).
You must be at least 18 years old to register or use the Website/App. Access or use of the Website/App or its contents by any person under the age of 18 is strictly prohibited.
1.1 This Agreement is legally binding and sets forth the terms governing your use of the Website/App and the Services. This Agreement may be modified by be2 from time to time. These modifications will be effective once be2 posts them on the Website/App without notice to you or acceptance by you.
2.1 While certain pages of the Website/App can be accessed without registering, you will need to register in order to access and use the Services. You may create and use your own personal password and enter your email address to register with be2. By registering with be2 you represent that you are a single individual of at least 18 years of age, that you have the right, authority and capacity to enter into this Agreement and that you intend to use the Website/App and the Services for no purpose other than the purposes for which they are intended.
2.2 We are entitled to block your access to the Website/App if you violate the terms of this Agreement, including without limitation in the event of any violation of the provisions in Sections 6, 7 or 8 of this Agreement.
3.1 You may access the Website/App and the Services free of charge. However, certain Services offered by be2 are fee-based. In order to use fee-based Services, you will have to become a paying subscriber of these Services. You will be informed of the cost of these Services prior to being charged.
3.2 If your access is blocked for breach of this Agreement, any credit balance not used will be forfeited by you and no refund will be due to you.
3.3 If you choose a payment method where you don’t have to actively start the payment yourself (e.g. cheque, money transfer), but a payment method like e.g. credit card payment, you authorize and instruct be2 by providing be2 with your payment information to bill your credit card account for the amount of the fee payable for the Services you ordered, and to bill your account again prior to the expiration of the current term of the subscription for these Services, unless and until you terminate the renewal of such fee-based Services in using the online cancellation process, no less than (14) fourteen days before the expiration of your current subscription term, indicating your full name and username. If you terminate a Service, you will be responsible for the cost of this Service through the expiration date of the current subscription period.
As far as a be2 iOS and/or Android App is available see Section 4.3, 4.4. and 5.3 concerning payment and termination.
4. Objections to Fees Charged for Chargeable Services.
4.1. Any objections to amounts debited or fees charged must be raised and substantiated in writing within ten (10) days from the latter to occur of the debit of the objected to fees or the receipt of the objected to invoice. Failure to raise the objections within this ten-day period constitutes your unconditional approval of the respective charges and your waiver of any further right to object to these charges. Objections shall be addressed to firstname.lastname@example.org.
4.2. Interruptions to any Services generally do not entitle you to object to charges for these Services. Minor interruptions are interruptions that last less than two consecutive days. Interruptions of any Service for more than two days only entitle you to an extension of access to that Service for a time period equal to that of the interruption, except if the interruption lasts for more than 10 days. In this case you are only entitled to a refund of the pro-rated amount of the subscription fee paid for this Service for the time period during which you have been unable to use this Service, but not for any other damages, costs or expenses you may have had as a result of this interruption.
4.3. As far as a be2 iOS App is available, payments for In-App purchases via this iOS App are exclusively processed via the Apple iTunes App Store according to the Apple iTunes App Store rules. Payments are charged via the Customer‘s iTunes Account. For In-App purchases via the iOS App Section 4. (1) till (2) is not applicable. For any objections concerning the payments Apple iTunes App Store has to be exclusively addressed.
4.4. As far as a be2 Android App is available, payment processing for purchases via this Android App follows the chosen payment method:
- for payments via the be2 payment system Section 4. (1) till (2) above is applicable
- insofar as payments via the Customer‘s Google Account have been offered and chosen, payments are exclusively processed via the Google Play Store according to the Google Play Store rules. Payments are charged via the Customer‘s Google Account. For purchases via the Google Account Section 4. (1) till (2) is not applicable. For any objections concerning the payments Google Play Store has to be exclusively addressed
5. Term and Termination.
5.1 This Agreement will remain in full force and effect while you use the Website/App and/or the Services. This Agreement will only terminate if either you or we terminate your membership pursuant to the provisions of this Section 5.
5.2 You may terminate your non-fee based membership at any time, for any reason by simply logging off when the link "Deactivate profile" under "Settings" is followed on the be2 website/in the respective be2 App. The uninstalling of the App does not delete the profile. The customer profile and associated data are deleted when logging off. Terminating the non-fee based membership shall not affect the fee-based membership.
5.3 You may terminate your fee-based membership purchased via the website, which you entered into by giving a minimum notice period of fourteen (14) days prior to the end of a paid subscription period, or – provided another notice period was specified upon purchasing the fee-based subscription – within that specified period. Should we receive your notice of termination less than fourteen (14) days prior to the expiration of the current subscription period of any Service you have purchased, we will be entitled to charge you for the subsequent subscription period. Thereafter, this Service will automatically expire without any action on your or our part. If you terminate your membership, you will not be entitled to any refunds, indemnity or reimbursement of any costs or expenses. Terminating the fee-based contractual relationship is only effective when expressed explicitly in writing. In writing shall mean using the "online cancellation process" on the be2.com website. To aid clear assignment and to protect against misuse, you must always specify at least your full name, the country whose be2 service you are using, your e-mail address registered with be2 and your username (or alternatively, the contact ID assigned to you) in a legible manner (BLOCK CAPITALS) as an absolute necessity when writing the notice of termination.
Terminating the fee-based membership shall not affect the non-fee based membership.
As far as a be2 iOS App is available, termination of the fee-based contractual relationship purchased via an In-App Purchase in this iOS App has to be exercised exclusively towards the Apple iTunes App Store according to the Apple iTunes App Store rules.
As far as a be2 Android App is available, termination of the fee-based contractual relationship purchased via this Android App follows the chosen payment method:
- for payments via the be2 payment system termination follows the rules in Section 5. (3) above
- insofar as payments via the Google Account of Customer have been offered and chosen, termination has to be exercised exclusively towards the Google Play Store according to the Google Play Store rules
5.4 be2 may terminate your membership for any reason, effective on sending notice to you at the e-mail address you provide in your application for membership or another e-mail notice address that be2 received from you by any of the means of communications set forth in Section 5.1 above. If be2 terminates your membership for cause due to a violation of the terms of Sections 6, 7 or 8 of this Agreement, you will not be entitled to any refund of unused subscription fees. In all other cases, you will be entitled to a refund of the pro-rated amount of the subscription fee paid for this Service from the date of termination through the expiration date of the current subscription period, but not for any other damages, costs or expenses you may have had as a result of this termination.
5.5 The following provisions of this Agreement shall survive the termination of this Agreement for any reason: Sections 7,10, 12, 13, 14, 15, 16, 18 and 19.
6. Unauthorized Use.
6.1 The Website/App and the Services are only for the personal use of individuals, for purposes consistent with the Website/App, the Services and this Agreement. Organizations, companies, businesses and other legal entities (including non-profit organizations) may not become members and may not use the Service or the Website/App for any purpose.
6.2 You may not use the Website/App or any of the Services for any activity other than to seek a partner for you personally. Without limitation, you may not use the Website/App or any of the Services in connection with any commercial, promotional, political or group activities or for any commercial or non-commercial research, or engage in advertising to, or solicitation of, other users to buy or sell any products or services, or transmit any chain letters, junk e-mail or “spam” to other users of the Website/App or the Services. In order to protect our users from advertising or solicitation, be2 reserves the right to restrict the number of e-mails that you may send to other users in any 24-hour period to a number which be2 deems appropriate in its sole and absolute discretion.
6.3 Collecting personal information or data, including e-mail addresses of members, or other information that is available to you on the Website/App or through the Services, by electronic or other means, is strictly prohibited. Framing of or linking to the Website/App to any other website/App without written permission from be2 is prohibited. You may not resell any Services or any data or other information available to you on the Website/App or through the Services.
6.4 You may not include any telephone numbers, street addresses, last names, URLs or e-mail addresses in your profile.
6.5 You may not create more than one profile on the Website/App.
6.6 You and the other users are solely responsible for complying with federal, state, local and foreign laws and regulations applicable to them. be2 is not liable for any violations of applicable laws or regulations by any users of the Website/App.
6.7 You represent and warrant that are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
7. Proprietary Rights of be2.
7.1 Any and all rights to programs, services, processes, software, technologies, trademarks, service marks, trade names, copyrightable material, inventions, and any and all materials pertaining to be2 (the “Proprietary Rights”) are exclusively owned by, or licensed to, be2. Your use of the Website/App or any Service does not create a license to, and you are not entitled to, use for any purpose any trademarks, service marks, trade names, or copyrightable materials.
7.2 Use of any and all programs, services, processes, software, technologies, inventions, and any and all materials pertaining to be2 is permitted only for the purpose permitted pursuant to Section 6 above, and all goodwill created as a result of your use of these rights inures to the sole benefit of be2. Reproducing any programs, services, processes, software, technologies, trademarks, service marks, trade names, copyrightable material, inventions, and any and all materials protected by Proprietary Rights for any purpose whatsoever is prohibited.
8. Content Posted on the Site.
8.1 You and the other users are solely responsible for any materials (including profiles or photos) and messages (collectively, "Content") that you or they publish or display (hereinafter, "post") on the Website/App or otherwise transmit to other users.
8.2 By posting Content to any public area of the Website/App, you represent to all users of the Website/App and be2 that the information in the Content is true and correct to the best of your knowledge and you automatically grant, represent and warrant that you have the right to grant, to be2 an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and sell such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
8.3 We reserve the right, but have no obligation, to monitor postings of users on the Website/App or communications among users of the Website/App as well as any disputes that may arise between you and other users of the Website/App. You understand and agree that be2 may review and remove any Content for any reason, including Content that in the sole and absolute judgment of be2 violates this Agreement or might be offensive, defamatory, libelous or illegal or violate the rights of, harm, or threaten the safety of any users of the Website/App.
8.4 The following is a partial list of the types of Content that is prohibited on the Website/App. be2 reserves the right to investigate and take appropriate action in its sole discretion (including notifying legal authorities) against anyone who violates this provision, including without limitation, removing the offending communication from the Website/App and Service and terminating the membership of such violators. It includes Content that:
(a) may be offensive to Website/App users, such as Content that promotes, threatens or advocates racism, bigotry, hatred or physical or emotional harm of any kind against any group or individual;
(b) involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
(c) you know is false, misleading, promotes illegal activities or is insulting, abusive, threatening, obscene, defamatory or libelous or invites any conduct that is insulting, abusive, threatening, obscene, defamatory or libelous;
(d) promotes or enables unauthorized copying of another person's copyrighted or other proprietary work, such as providing computer programs or links to them, providing information to circumvent manufacture-installed copy-protected devices, or providing music or links to music files;
(e) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(f) exploits anyone in a sexual or violent manner;
(g) solicits personal information from anyone under the age of 18 or from any other person, except for the permitted purposes set forth in Section 6;
(h) provides instructional information about illegal or potentially harmful activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) solicits passwords or personal identifying information for commercial or otherwise unauthorized or unlawful purposes from other users;
(j) encourages or requests others to engage in commercial activities and/or purchase or sales, including auctions, contests, sweepstakes, barter, advertising, promotions, pyramid schemes or similar activities; or
(k) otherwise is inappropriate for the Website/App, in be2’s sole and absolute judgment.
8.5 Posting of Personal Information: be2 is not responsible for the use or misuse of any personal information that you disclose on the Website/App. It is possible that other users (including unauthorized users, or “hackers”) may post or transmit materials on the Website/App and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Website/App or in connection with the Services. Please carefully select the type of information that you post on the Website/App or release to others.
9. Interaction with other users.
You are solely responsible for your interactions with other users of the Website/App. be2 does not guarantee success in establishing any contact during your membership term, nor is be2 liable if no contact is established during your membership term.
10. Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, service marks, trade names, or other proprietary or confidential information without obtaining the prior written consent of the owner of these rights. If you believe that your work has been copied and posted on the Website/App or misused in connection with the use of any of the Services by another user, please send the following information to email@example.com under the heading “Violation of Proprietary Rights”: electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website/App; your address, telephone number, and e-mail address; a written 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; 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.
Our Privacy Statement can be found here: https://www.be2.com/info/privacy-statement
12. Disclaimers; No Warranties.
12.1 be2 is not responsible for any problems or technical malfunction of any network connections or telephone lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at the Website/App, including injury or damage to you or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website/App or the Services. None of the foregoing shall be deemed to be interruptions of Services for purposes of Section 4.2 above.
12.2. be2 is not responsible and assumes no liability for
(a) any inaccurate or incomplete information of any Content posted on the Website/App or communicated in connection with any of the Services or any Content that is listed in Section 8.4 or that otherwise violates these Terms or applicable laws or regulations, whether this Content is provided by users of the Website/App or Services or any third parties or by any of the equipment or programming associated with or utilized as part of the Services;
(b) the conduct, whether online or offline, of any user of the Website/App or any of the Services;
(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your or any other user’s communications;
(d) any violation of these terms or applicable laws or regulations by any user;
(e) any physical or emotional harm or death as a result of, or in connection with, any contact with other users, including without limitation as a result of any illness contracted from other users, or any physical or emotional violence afflicted by any user in any contact with you or during any relationship;
(f) the lack of any specific results from use of the Website/App and/or the Services;
(g) any illegal access of your account by third parties; or
(h) any failure to meet any other user or lack of success as a result of using the Website/App or the Services.
12.3. THE WEBSITE/APP AND THE SERVICES ARE PROVIDED "AS-IS." OTHER THAN AS EXPRESSLY PROVIDED FOR HEREIN, be2 MAKES NO REPRESENTATIONS OR WARRANTIES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
13. Limitation on Liability.
You assume full responsibility and risk for your use of the Website/App and the Services. UNDER NO CIRCUMSTANCES WILL be2 OR ANY OF ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE WEBSITE/APP OR ANY OF THE SERVICES, AS A RESULT OF ANY CONTENT POSTED ON THE WEBSITE/APP OR TRANSMITTED IN CONNECTION WITH THE SERVICES OR OTHERWISE BY OR ON BEHALF OF USERS, OR IN CONNECTION WITH ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE/APP, WHETHER ONLINE OR OFFLINE. NEITHER be2 NOR ANY OF ITS AFFILIATES ARE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/APP OR THE SERVICES, EVEN IF be2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CASE THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR LIMITED UNDER APPLICABLE LAW, be2’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. be2'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF THE FEES PAID, IF ANY, BY YOU TO be2 FOR THE SERVICES PURCHASED BY YOU DURING THE TERM OF YOUR MEMBERSHIP.
You hereby agree to indemnify and hold harmless be2 and, without limitation, its directors, officers, employees, agents and subcontractors from and against any and all damages, obligations, costs or expenses arising out of or in connection with any claims brought against be2 as a result of your use of the Website/App or the Services or your violation of any rights, including intellectual property rights of be2 or others, or any violation of these Terms.
15. Governing Law; Disputes.
15.1. This Agreement, the Services and your use of the Website/App shall be governed in all respects by the laws of the State of Luxembourg without regard to its conflict of law provisions.
15.2. You agree to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Luxembourg for all disputes arising out of or in connection with this Agreement or your use of the Website/App and/or the Services.
Communications from be2 to you regarding the Website/App and the Services are provided through display masks upon "login" or via e-mail to the address communicated by you in accordance with the provisions of these Terms. Communications from you to be2 shall be sent via letter or fax or if explicitly set forth herein via e-mail to the email addresses explicitly set forth herein or on the Website/App for the purpose for which such notice is sent.
17. Advertisers and Links.
The Website/App may contain links to third party websites/Apps, endorsers or advertisers. These links are included as a convenience and do not imply any sponsorship, endorsement or responsibility by be2 for, or any association or relationship of be2 with, these endorsers, advertisers or third party websites/Apps or their operators. The third party websites/Apps, endorsers or advertisers are independent of and not controlled by be2, and be2 is not responsible for the contents of any advertisements or websites/Apps, services or goods of any third parties, endorsers or advertisers.
18. No Professional Advice.
Any information or advice that may be posted on the Website/App or communicated in connection with the Services is for informational and entertainment purposes only and is not a substitute for the professional judgment of a licensed mental health practitioner or other professional. be2, the Website/App and the Services do not provide psychological advice or medical or diagnostic services. be2 makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website/App or the Services.
This Agreement contains the entire agreement between you and be2 regarding the use of the Website/App and the Services. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be replaced with a valid and enforceable provision which most closely reflects the intent and bargain set forth in these Terms, and the remainder of this Agreement shall continue in full force and effect.
These Terms are subject to change by be2 at any time by posting such changes on the Website/App. be2 shall not be required to explicitly point out any such changes to you and such changes will become effective immediately after such posting. You have the option to object to the amended Terms within a period of ten days from the date of posting in which case this Agreement shall terminate, your access to the Website/App and the Services shall cease, and you will be eligible for a pro-rata refund of any credit balance then remaining on your account.
Please contact us with any questions regarding this Agreement.