Last modified: 1 April 2021
These Terms and Conditions (hereinafter referred to as the "Terms") outline the rules and regulations and governs the activity of all visitors, users, and others ( hereafter the “Users”) who access and use the services provided by Bemyfan.com ( hereafter the “Website”).
The Website and its mobile applications are operated by, subject to the User's identified country, either JWS Americas S.à r.l., a Luxembourg law governed private limited liability company with registered address at 44, Avenue John F. Kennedy, L-1855, Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number 249.539 provided the User is identified as based in the United States of America or JWS International S.à r.l., a Luxembourg law governed private limited liability company with registered address at 44, Avenue John F. Kennedy, L-1855, Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number 249.566 provided the User is identified as based in any other country but the United States of America (JWS Americas S.à r.l. or JWS International S.à r.l. where relevant being hereafter referred to as “Website Operator”).
Access to and use of the Website is conditioned on User’s acceptance of and compliance with these Terms.
Users warrant that they are at least 18-years-old or in any case of a legal age to enter into binding contracts in their country of residence.
Any individual under 18-years-old who is willing to use the Website, must obtain a consent from his/her parent/guardian who must agree to be bound by these Terms on his/her behalf.
By accessing or using the Website Users agree to be bound by these Terms. In case a User disagrees with any part of the terms, he/she must refrain from using the Website and related services.
Upon creation of their account, Users must provide accurate, complete and up-to- date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of their account.
Users are responsible for keeping their account’s password safe from access by any third party. As a result, Users are fully responsible for activities that relate to their account or password. Users must notify the Website Operator immediately upon becoming aware of any breach of security or unauthorized use of their account.
Users are allowed to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content") on the Website.
The Website Operator does not claim ownership of Users’ Content.
By posting Content on the Website, the Users grant to the Website Operator, its affiliates and business partners, a non-exclusive, transferrable, sub-licensable, worldwide, royalty-free right and license to host, use, adapt, translate, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website, and, for the purpose of promoting the Website, through all and any media or distribution methods. The Users agree that this license is granted for the duration of the protection of the intellectual property rights, including copyrights, in the Content.
Users can end this license anytime by deleting their Content or generally by closing their account, except (i) for the duration of the marketing campaign or promotional operation, if the Website Operator used the Content for promotional/marketing purpose; (ii) to the extent Users shared it with others and others copied or stored portions of the Content, and have not deleted it; (iii) for a limited time until the Content is removed from backup and other systems.
Users must own the intellectual property rights, including the copyrights, in the Content or be duly authorized by the owner and have the full right to grant this license. Users retain any and all of the rights to any Content they submit, post or display on or through the Website and they are solely responsible for protecting those rights.
In particular, Users warrant that (a) the rights, including all intellectual property rights, in the Content have not been exclusively licensed to any third party, (b) the Content does not violate any intellectual property right, including copyright, of third party, (c) the grant of this license does not result in a breach of any agreement to which Users are party and/or do not require the action/consent of or announcement to any third party.
Users agrees to indemnify and hold the Website Operator harmless from all claims, demands, losses, damages, costs, liabilities and expenses (including without limitation, legal fees and disbursements) arising out of, or in connection with, third party intellectual property right infringement as well as from any claims arising from a breach of the warranties provided under this clause.
Users authorize the Website Operator to use, in connection with their Content, without compensation:
In this respect, the Username shall not contain and/or be constitutive of the name of any famous/celebrity person or name/sign which benefits from any intellectual protection, unless the User obtained the right to use such name. the User shall be held fully liable in case the Username conflicts with a name on which a third party has rights.
The Website Operator can reclaim Usernames on behalf of businesses or individuals that hold legal claim or trademark on those Usernames.
The User’s Image and/or the Username may be copied/reproduced and distributed on and through the Website, and, for the purpose of promoting the Website, through all and any media or distribution methods.
The User’s Image and/or Username may also be subject to reasonable adaptations due to technical needs without prior approval from the User.
Users undertake to be solely responsible and liable for the Content they post on the Website. Users agree to indemnify and hold harmless the Website Operator, its affiliates and business partners from all claims, demands, losses, damages, costs, liabilities and expenses (including without limitation, legal fees and disbursements) arising out of, or in connection with, any opinions, advice, statements, services, offers, or other information or content expressed or made available by the User.
As a result, Users represent and warrant that the Content:
All Users recognize and agree that the Website Operator can monitor, record, and log their Content on the Website, notably to review it for violation of applicable laws and/or relevant policies in place from time to time. It is the Website Operator’s policy, in appropriate circumstances and at its discretion, to remove infringing content from its Website, and to disable and/or terminate the accounts of Users who infringe the applicable laws and/or the intellectual property rights of third parties. Therefore, the Website Operator has implemented a special DMCA section on the Website allowing third parties to report infringing material on the Website.
The Content the Users share on the Website may consists of links to their social media or other online accounts (the “Social Media Accounts”). Every User of the Website may share only his/her own Social Media Accounts. Sharing any Social Media Accounts which is not under the control of and owned by the User who registered on the Website is a serious breach of these Terms and will result in the immediate termination of the User’s account.
The services provided on the Website, its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Website Operator and its licensors. The services provided on the Website are protected by copyright, trademark, and other intellectual property rights, under the appropriate laws of both Luxembourg and other relevant foreign countries. Such rights may not be used in connection with any product or service that is not affiliated to the Website Operator without the prior written consent of the Website Operator. Nothing in these Terms shall be interpreted as a transfer of any Intellectual Property rights to the Users.
Users are allowed to use the Website only as authorised by the Website operator. Users are granted a limited, non-exclusive, revocable, non-transferable right to use the services provided by the Website to create, display, use, play, and download Content subject to these Terms.
Users cannot modify the physical or digital copies of any Content they print off or download in any way, and cannot use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
The Website’ services may contain links to third-party websites or services that are not owned or controlled by the Website Operator.
The Website Operator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services and therefore shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
The fact that the Website Operator provide links to external websites do not imply any endorsement of those websites. Therefore, Users acknowledge and agree that when accessing other websites, they do so at their own risk.
Users must always read carefully the terms and conditions and privacy policies of any third-party websites they visit.
Users’ accounts may be terminated or suspended with immediate effect, without prior notice or liability, for any reason whatsoever, including without limitation in case of breach of the Terms.
Upon termination, clauses such as ownership provisions, warranty disclaimers, indemnity and limitations of liability shall survive the termination as well as any other provision which by its nature, should survive termination.
The Website Operator shall not be liable to any User or third party for any claims or damages arising out of any termination or suspension or any other actions taken in connection therewith.
As a condition of access to and use of the Website, Users agree to indemnify the Website Operator, its successors and/or affiliates for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to access to and use of the Website or breach of these Terms and any applicable law or the rights of a third party.
The Website Operator shall not be liable for any damages suffered as a result of using the Website, copying, distributing, or downloading Content from the Website.
In no event shall the Website Operator be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) , whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
Without limiting the foregoing, in no event will the aggregate liability of the Website Operator exceed, in total, the amounts paid by the User to the Website Operator.
The Website and related services is provided on an "AS IS" and "AS AVAILABLE" basis. It is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Website Operator its subsidiaries, affiliates, and its licensors do not warrant that:
The Website Operator makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the services provided by the Website for any purpose. Any reliance Users may place on such information is therefore strictly at their own risk.
The Website Operator reserves the right, at its sole discretion, to modify or replace these Terms at any time.
It is the Users’ sole responsibility to periodically check these Terms for any changes. If a User do not agree with any of the changes to these Terms, he/she must stop using the Website and related services. Failing to do so will be deemed as an acceptance thereof.
These Terms shall be governed and construed in accordance with the laws of Luxembourg.
Any failure to enforce any right or provision of these Terms will not be considered as a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between the Website operator and each User regarding the services available on the Website. These Terms supersede and replace any prior agreements in this respect.