These Membership Terms
and Conditions apply where You choose to register as a Member of BEAR411.com
Please read these Membership Terms and Conditions carefully before registering
on the Site as a Member. If You do not agree to these Membership Terms and
Conditions, then You SHOULD NOT register as a Member.
- 1. Acceptance of Membership Terms and Conditions
- 1.1 By checking the casebox on your profile form you will be deemed to have consented to these Membership Terms and Conditions.
- 1.2 We reserve the right to change or update these Membership Terms and Conditions from time to time (subject to Your termination right pursuant to paragraph 8). Any revisions to these Membership Terms and Conditions will be notified to You the next time that You log on to the Site as a Member.
- 2. Description of Membership and Subscription
- 2.1 As a Member, You can take advantage of many services on the Site
for free. However other areas of the site can require payment of a Member
subscription. For a full description of the services offered on this
Site and the subscription options for Members, please follow and consult
the Benefits of Membership page.
- 2.2 Please note that any Member subscription paid by You is subject to a
minimum contractual period of one month.
- 3. Age of Consent
- 3.1 You must be 18 years or over to register as a Member. If We discover
or have any reason to suspect that You are not over 18 years of age, then
We reserve Our right to terminate Your Membership to this Site
immediately and without notice.
- 4. Password Member Name and Security
- 4.1 Upon registration as a Member, You will select a Password and Member
Name that You can use to access Your Member Account and Profile and to log
on to the Members' area of the Site.
- 4.2 You are responsible for maintaining the confidentiality of Your Password
and Member Name and are responsible for all activities that occur under
them. We do not have the means to check the identity of people using the
Members' area of the Site and will not be liable where Your Password or
Member Name are used by someone else.
- 4.3 You agree to notify Us immediately of any unauthorised use of Your Password
or Member Name or any other breach of security of which You become aware.
- 5. Your warranties
- 5.1 You warrant that:
- 5.1.1 You are over 18 years of age;
- 5.1.2 all information and details provided by You to Us (including
on registration as a Member) are true, accurate and up to date in
all respects and at all times
- 5.1.3 You will comply with these Membership Terms and Conditions including,
without limitation, the restrictions relating to acceptable use set out
at section 6 below.
- 5.2 You agree to indemnify and hold Us harmless from any claim or damages
(including any legal fees in relation to same) made by a third party in
respect of any matter in relation to or arising from Your use and Membership
arising from any breach or suspected breach of these Membership Terms and
Conditions by You or Your violation of any law or the rights of any third
- 6. Acceptable Use
- 6.1 We support the free flow of information and ideas over the Internet
but our team actively monitors the use of the Site, including the Members area (profile pictures...) and delete violations and suspend non compliant accounts. We seek to balance this aim with Our obligations
to other Members and at law however. We do therefore review all profiles
entered onto the Site by Members. We also therefore require that YOU DO NOT:
- 6.1.1 say or do anything that would cause annoyance, inconvenience, harassment
or needless anxiety to others;
- 6.1.2 advertise or promote third party or Your own products or services
including by way of the distribution of 'spam' mail;
- 6.1.3 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
- 6.1.4 make insulting remarks to or about other Members ("flaming");
- 6.1.5 jump in and out of Site chat ("frogging");
- 6.1.6 distribute illegal, copyright infringing, indecent or offensive material
or any messages or content that may incite disorder or encourage illegal
activities or that causes or may cause harm to minors or adults;
- 6.1.7 impersonate another person or Member;
- 6.1.8 transfer files that contain viruses, trojans or other harmful programs;
- 6.1.9 use the Site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
- 6.1.10 access or attempt to access the accounts of other Members or to penetrate
or attempt to penetrate the Site security measures;
- 6.1.11 have more than one Member Account at any time.
- 6.2 We may take any or all of the following action at Our discretion:
- 6.2.1 remove any Member profile (including photographs) or other material
that, in Our sole discretion may be inappropriate or We suspect to be illegal,
subject Us to liability or which may violate these Membership Terms
and Conditions or where required to do so by law;
- 6.2.2 issue Members with verbal or written warnings and may take such further
action as We deem appropriate under this paragraph 6.2 if such warnings
are not heeded;
- 6.2.3 suspend or terminate a Member's access to the Members' area of the
Site or a Member's Account without notice at any time;
- 6.2.4 inform the appropriate authorities and provide them with information
regarding any suspected illegal activity; or
- 6.2.5 bring legal action against a Member or other user of the Site in relation
to any breach of these Membership Terms and Conditions or any illegal or
suspected illegal activity.
- We will determine what action is appropriate to be taken against a Member on a case by case basis.
- 6.3 You acknowledge that We may be required by law or regulation to access,
monitor, store or copy material sent by or to Members without further notice
- 6.4 Policy Against Human Trafficking and Slavery :
- Do not use this site to promote or facilitate human trafficking, sex trafficking or physical abuse.
- 7. Cancellation
- 7.1 Your Membership services commence immediately when You submit Your registration,
or subscription. This means that, subject always to Your right to terminate
as set out below, You will not be able to cancel the services after this
- 8.Termination of Membership
- 8.1 Your Membership (your profile) will be deleted only after 90 days of inactivity (no profile login) on the site.
- 8.2 If Your Membership ends before the expiry period you paid for, you will not receive any refund.
- 8.3 No refunds will be paid by Us where Your Membership is terminated by
Us as a consequence of Your breach of these Membership Terms and Conditions.
- 9. Copyright and Other Intellectual Property Rights
- 9.1 Your use of the Site grants no rights to You in relation to copyright,
trade marks or other of Our intellectual property rights or the intellectual
property rights of third parties.
- 9.2 You may not, without limitation, copy, reproduce, republish, download,
post, broadcast, record, transmit, commercially exploit, communicate to
the public, or otherwise use the content included in or provided via the
Site except for Your own personal, non-commercial use. Subject to the above,
You may download insubstantial excerpts of this content to Your hard disk
for the purpose of viewing it provided that no more than one copy of any
information is made.
- 10. Limitation of Liability
- 10.1 Whilst We will use all reasonable endeavours to correct any errors
or omissions as soon as practicable once they have been brought to Our attention,
We do not warrant that the Site will be available uninterrupted and in a
fully operating condition nor that the information on and provided via the
Site will be free from errors or omissions.
- 10.2 Access to this Site and its contents may be suspended temporarily and
without notice in the case of system failure, necessary maintenance or repair
or for reasons beyond Our control.
- 10.3 Save that nothing in this paragraph 10 shall restrict Your statutory
rights (including Your right to receive a reasonable standard of service),
all content and services on this Site are provided on an 'as is' and 'as
available' basis. We do not make any representation or give any warranty
about information provided by or regarding other Members.
made or action taken by You on the basis of information provided on or via
the Site is at Your sole discretion and risk.
- 10.4 We will not be liable for any damages, including indirect or consequential
losses and whether in contract, tort (including negligence) or otherwise,
arising in connection with any use by You or other Members of the Site that
is in contravention of these Membership Terms and Conditions or is not directly
attributable to Our negligence. Where We are liable for direct loss this
will be limited to a maximum of the total price of the Member Subscription
paid to Us by You in the 6 months prior to the claim.
- 10.5 Nothing in these Terms and Conditions shall exclude or limit Our liability
for death or personal injury caused by Our negligence.
- 11. Complaint
- All complaints are handled fairly, consistently and wherever possible resolved to
the complainant's satisfaction, you can file complaint by contacting us via: webmaster(at)BEAR411.com
- 12. General
- 12.1 We shall not be liable for any failure for any suspension, or termination
of access to the Site or any content arising out of a force majeure event.
A force majeure event shall include, without limitation, failure of infrastructure,
government intervention, wars, civil commotion, hijacking, fire, flood,
accident, storm, strikes, lockouts, terrorist attacks, or industrial action
affecting Us or Our suppliers.
- 12.2 If any of these Membership Terms and Conditions are determined to be
illegal, invalid or otherwise unenforceable by reason of law then to the
extent and within the jurisdiction in which that term is illegal, invalid
or unenforceable, it shall be severed and deleted from these terms and the
remaining terms shall survive, remain in full force and effect and continue
to be binding and enforceable.
- 12.3 These Membership Terms and Conditions shall be governed by and interpreted
in accordance with the laws of England. Disputes arising in connection with
these terms shall be subject to the exclusive jurisdiction of the courts
of England and Wales.