Signup/Signin
Home
How It Works
Who uses It
PB Network
Pricing
FAQs
Home > Terms and Conditions
Terms and Conditions
PromoterBee Terms of Service Last Updated on December 9th, 2009 By accessing, browsing, crawling, scraping or in any way using this website located at promoterbee.com (the "Site"), you agree to these Terms of Service, the privacy policy posted at (as posted at promoterbee.com/privacy_policy) (the "Privacy Policy"), and any other guidelines, rules, and additional terms referenced herein (collectively the "Agreement"). Your access to or use of the Site constitutes your acceptance of the Agreement. If you are unwilling to be bound by the Agreement, do not access or use the Site. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. 1. Definitions A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses sites in connection with PromoterBee.com (FindMeSpecials.com, FindMeEvents.com and FindMeFavorites.com), including but not limited to you and others who may read or write reviews about local businesses listed on the Site. A "Client" is anyone who signs up for an account with Promoterbee.com. The "Services" means the services and functionality made available to Clients on the Site. "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos. "Your Content" means Content that you submit, post, or transmit to, or using, the Site, including but not limited to the ratings, reviews, public photos, pages, chapters, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not include personally identifiable information that you submit when creating an account on the Site (which personal information is subject to our Privacy Policy). "Client Content" means the Content that any Client of the Site may submit, post, or transmit to, or using, the Site, including but not limited to Your Content. "PromoterBee Content" means Content that is created by PromoterBee. ("PromoterBee") and made available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than PromoterBee or the Users, including but not limited to data providers who license data to PromoterBee for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, Client Content, Third Party Content, and PromoterBee Content. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms. 2. Payment You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that PromoterBee may change its minimum pricing at any time. Client must supply PromoterBee with correct credit card information, and any changes in credit card validity or expiration date must be updated. PromoterBee will automatically renew and charge Client's account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless PromoterBee notifies Client otherwise in advance. If the credit card cannot be processed for any reason, PromoterBee reserves the right to cancel the Service. PromoterBee may change any of the Fees by giving thirty (30) days notice to affected clients, which may be given in writing or by email to the address on file. It is the client's responsibility to keep their account information current. PromoterBee is not responsible for notices that are undeliverable due to clients account information not being current. In such event, Client may terminate the applicable Addendum by written or email notice no later than thirty (30) days after receipt of PromoterBee's notice to increase fees. If Client fails to deliver a termination notice to PromoterBee within that thirty period, then Client shall have accepted the increased fee. 3. Eligibility You must be at least 18 years old. In addition, you may not use the Services or accept the Agreement if (i) you are not of legal age to form a binding contract, or (ii) you are prohibited by law from receiving or using the Services. By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth herein. If you access or use the Site on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Agreement. 4. Member Account, Password and Security You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PromoterBee of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PromoterBee cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 5. Restrictions on Use You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree that you will not (and will not permit others to)use the Services or the Site to: Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User's enjoyment of the Site; Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of PromoterBee, is objectionable, or which may expose PromoterBee or its users to any harm or liability of any type; Use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not, or any unsolicited emails or other unsolicited communications for that matter; Use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shrill reviews; Use the Site to promote bigotry or discrimination against protected classes or upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; Use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Use the Site to transmit or post illegal materials, including material that is pornographic or obscene; Use the Site in violation of the Terms of Service or any applicable local, state, national or international law; Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content (other than Client Content), except as expressly authorized by PromoterBee; Reverse engineer any portion of the Site; Remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content; Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site, or use automated scripts to collect information from or otherwise interact with the Service or the Site Reformat or frame any portion of the Site; Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. 6. Modifications to Service PromoterBee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PromoterBee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that PromoterBee has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that PromoterBee reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that PromoterBee reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 7. Marks PromoterBee and the PromoterBee logo including the "Beezy Bee" symbol are proprietary service marks of GetBeezy, LLC. 8. Links to Third Parties PromoterBee makes no claims or representations about any Web Site not under PromoterBee's control that a User may access from PromoterBee's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by PromoterBee or otherwise on PromoterBee's web site does not constitute PromoterBee's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site. The Site's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.). 9. Limitation on Liability WITHOUT LIMITING THE FOREGOING, PROMOTERBEE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROMOTERBEE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO PROMOTERBEE IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. YOU SPECIFICALLY AGREE THAT PromoterBee SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A PromoterBee SITE/SERVICE. YOU SPECIFICALLY AGREE THAT PromoterBee IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PromoterBee IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A PromoterBee SITE/SERVICE BY ANY THIRD PARTY. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by GetBeezy, LLC. 10. Indemnity You agree to indemnify and hold PromoterBee, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site or Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. PromoterBee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PromoterBee. PromoterBee will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 11. Disclaimers THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. PromoterBee MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. PROMOTERBEE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM PromoterBee OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN. YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. PROMOTERBEE IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS. PROMOTERBEE RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. YOU SPECIFICALLY AGREE THAT PROMOTERBEE SHALL NOT BE HELD LIABLE FOR ANY FINES OR PENALTIES INCURRED DUE TO POSTING CONTENT THAT IS NOT IN ACCORDANCE OF LOCAL, STATE AND FEDERAL LAWS. THE ACCOUNT OWNER IS LIABLE FOR THE CONTENT HE OR SHE POSTS TO ANY GETBEEZY,LLC AFFILIATE SITES. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. PromoterBee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Clientcommunications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any CLIENT CONTENTor personal injury or death, resulting from anyone's use of the Site or the Service, any CLIENT CONTENTor Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whethER online or offline. . 12. Miscellaneous 12. 1 Violations.Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department at legal@getbeezy.com. 12.2 Disputes. If there is any dispute about or involving the Site or PromoterBee, you agree that any such dispute will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Wilson County, North Carolina. Some jurisdictions prohibit the use of a choice of law clause that would prevent a consumer from having recourse to courts in the consumer's local jurisdiction, so this governing law clause may not apply to you. 12.3 Authority. By entering into the Agreement, the representative of Client represents and warrants that he or she is authorized by Client to enter into this Agreement, that Client has taken all necessary action to enter into this Agreement, and Client agrees to be bound by and subject to the terms of this Agreement. 12.4 No Agency. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind PromoterBee in any respect whatsoever. 12.5 Entire Agreement, Severability; Interpretation. The Terms of Service contain the entire agreement between you and PromoterBee regarding the use of the Site, and supersede any prior agreement between you and PromoterBee on such subject matter. 12.6 No Waiver. The failure of either party to require the performance of any term, condition or portion of this Agreement or the waiver by either party of any breach of this Agreement will not prevent subsequent enforcement of such term, condition or provision, nor be deemed as a waiver of any subsequent breach. 12.7 Amendments. This Agreement may be modified or amended in whole or in part by Promoterbee immediately upon posting the modification or amendment on the Promoterbee Website and providing notice to Client in writing or email, unless changes are for clarification purposes only, in which case Promoterbee will not be obligated to notify Client. Client's continued use of the Services following posting of the modification or amendment shall be conclusively deemed an acceptance of the modification or amendment, and Client's only right with respect to any dissatisfaction with any such modifications is to terminate this Agreement. Notwithstanding the foregoing, the Order Form may be modified or amended only by a writing signed by both parties, or by Client submitting a subsequent Order Form using Promoterbee online Order Form or an email, in which case the subsequent Order Form will replace the prior Order Form. 12.8 Force Majeure. If either of the parties is unable to perform or observe any or all of its duties or obligations or to exercise any or all of its rights hereunder, in whole or substantial part, because of an act of God, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil commotion, act of public enemy, governmental act, regulation or rule, failure in whole or in part of technical facilities, national day of mourning, vicious attacks (including, but not limited to, hacks, denial of service attacks and malicious introduction of viruses and disabling devices), or because of any other reason beyond the control of Client or Promoterbee (or its subcontractors) that is generally regarded as "force majeure," then all other obligations of the parties shall continue, and when such force majeure has ceased, thenthe parties shall in good faith negotiate a fair and equitable adjustment of the rights, duties and obligations under this Agreement. 12.9 Assignment. Client will have the right to assign or otherwise transfer its rights or obligations under this Agreement only with the prior written consent of Promoterbee. In the event of any assignment (whether by consent of Promoterbee or otherwise), all covenants, stipulations, and promises in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors. Promoterbee shall have full right to assign this Agreement. 12.10 Remedies Cumulative. Subject to the express limitations set forth elsewhere in this Agreement, all remedies in this Agreement are cumulative and in addition to and not in lieu of any other remedies available to a party at law or in equity. 12.11 No Setoff. The existence of any claim, demand, action or cause of action of Client against Promoterbee, whether or not based upon this Agreement, will not constitute a defense to the enforcement by Promoterbee of any covenant or agreement of Client contained herein. 12.12 We care about the privacy of our users. Please see our Privacy Policy (as posted at promoterbee.com/privacy_policy). By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States. Need further Assistance? Call us at 1-(888) 675-6333 or email: support@promoterbee.com ©2009 GetBeezy, LLC