Terms
Please review the terms that govern your use of Bemo.
These Terms of Use (“Terms”) govern your access to and use of the Bemo Website (as defined below), Apps (as defined below), and Products (as defined below). In addition, these Terms govern all purchases made through the Services (as defined below). In addition to these Terms, your access to and use of the Services are governed by the Bemo Privacy Policy, which can be found at https://www.playbemo.com/privacy-policy (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read them carefully.
These Terms constitute a binding agreement between you and Bemo Inc. (“Bemo,” “we” or “us”). BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
Bemo reserves the right to revise these Terms at any time, at its sole discretion and with or without notice, by posting an updated version to https://www.playbemo.com/terms. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions.
DEFINITIONS
“App(s)” means the Bemo iPad, iPhone and/or Android application, available for download from Apple, Inc. or Amazon.com, as appropriate, and any other software application made by Bemo for use on a mobile device or tablet computer.
“Content” means all content contained in the Website or the Apps, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Bemo.
“Product(s)” means any products purchased from Bemo or through the Bemo Website.
“Services” means all services provided by Bemo through the Website, the Apps, and the Products.
“Bemo Website” or “Website” means any websites, web pages, and any subpages under Bemo’s control, including www.playbemo.com and any subpages.
“User,” “you,” and “your” means you and all individuals and/or entities on whose behalf you are accessing or using the Services for any reason.
ELIGIBILITY
By accessing or using the Services, you represent and warrant to Bemo that:
- (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use the Services, and your parent has read and agrees to these Terms on your behalf;
- (ii) all information you provide is accurate, current and complete;
- (iii) you will maintain the accuracy and completeness of such information; and
- (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that entity to these Terms.
These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
CHILDREN AND OUR SERVICES
While our Products are aimed to be used by children, some of our Services (including the Website and any Accounts) are intended to be used only by parents, legal guardians, and/or teachers over the age of 18.
In accordance with COPPA, we will never knowingly solicit or accept personally identifiable information from users known to be under 13 years of age.
If a school and/or teacher (the “Educational Institution”) with students under 18 uses our Services and provides personally identifiable information about its students, the teacher must first obtain written consent from each student’s parent or legal guardian.
Each Educational Institution agrees not to collect personally identifiable information from users under 13 years old and will indemnify Bemo for any failure to comply with applicable laws including COPPA and FERPA.
USAGE
You agree not to use the Services in a manner that is illegal, harmful, or inconsistent with these Terms. Bemo may suspend or terminate your access to the Services for any reason at any time without notice.
You agree not to:
- Reverse engineer, hack, or tamper with the Services
- Circumvent security or access restrictions
- Use the Services for any commercial purpose
- Interfere with other users
- Violate laws or encourage others to do so
Bemo may monitor and remove content or suspend access if you violate these Terms.
LIMITED LICENSE
Subject to your compliance with these Terms, Bemo grants you a limited, non-exclusive, non-transferable license to use the Services for personal and non-commercial purposes. This includes the right to install the Apps on one device you own or control.
All rights not expressly granted to you are reserved by Bemo.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users may post reviews and comments (“User Content”) so long as it is not illegal, obscene, defamatory, or otherwise objectionable. You may not use false identities or impersonate others.
By posting, you grant Bemo a worldwide, royalty-free, perpetual license to use, reproduce, adapt, and display the content. You represent and warrant that you own the content and its use does not violate any laws.
PURCHASES THROUGH WEBSITE OR THE APPS
Delivery: You are responsible for shipping fees, duties, and compliance with local import laws.
Pricing: Prices are subject to change. Bemo reserves the right to correct mispricing.
Returns/Refunds: Products can be returned within 30 days if unopened and in original condition. Faulty products must be returned within 14 days. U.S. returns are covered; international returns are not.
Affiliations: Bemo is not affiliated with Apple, Amazon, or Google.
INTELLECTUAL PROPERTY
All Services and Content are the property of Bemo or its licensors and protected under applicable intellectual property laws. You may not use, copy, modify, or exploit the Services or Content without written permission.
DISCLAIMER OF WARRANTY
TO THE FULLEST EXTENT PERMITTED BY LAW, BEMO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES OR PRODUCTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, BEMO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES OR PRODUCTS.
INDEMNITY
You agree to indemnify and hold Bemo and its affiliates harmless from any claims, losses, or damages resulting from your use of the Services or violation of these Terms.
TERM AND TERMINATION
These Terms remain in effect while you use the Services. Bemo may suspend or terminate your access at any time, for any reason. Provisions related to ownership, liability, and enforcement survive termination.
MISCELLANEOUS
Privacy: See the Privacy Policy for how we handle personal data.
Third-Party Links: Bemo is not responsible for third-party websites or resources linked from the Services.
Access Outside the U.S.: You are responsible for complying with local laws if you access the Services outside the U.S.
Governing Law: These Terms are governed by the laws of California. Jurisdiction lies with the courts in the Northern District of California.
Assignment: You may not assign these Terms. Bemo may assign them without restriction.
Entire Agreement: These Terms constitute the full agreement between you and Bemo.