Terms of Service

Welcome to BSeen, a mobile application and online platform owned and operated by B Seen LLC, an Indiana limited liability company (“BSeen,” “we,” “us,” or “our”). BSeen provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Terms of Service”). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service. The Terms of Service apply to your access to and use of the BSeen mobile application, website, and related services (collectively, the “Platform”).

Please read these Terms of Service carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Platform or any related services.

ACCEPTANCE AND ELIGIBILITY

The Platform is intended for use by athletes seeking to share their athletic content with college coaches, university recruiters, and other members of the athletic community. By accessing or using the Platform, you represent and warrant that you have the legal capacity to enter into a binding agreement, and that your use of the Platform will not violate any applicable law or regulation.

If you are accessing or using the Platform on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service, in which case the terms “you,” “your,” or “user” shall refer to such entity.

PARENTAL CONSENT AND RESPONSIBILITY FOR MINOR USERS

The Platform may be used by minors (individuals under the age of 18, or such other age of majority as defined by applicable law in the user’s jurisdiction) only with the express consent and supervision of a parent or legal guardian. If you are a minor, you may not access, register for, or use the Platform unless your parent or legal guardian has read these Terms of Service in full, agreed to be bound by them, and accepted all legal responsibilities on your behalf.

By permitting a minor to access or use the Platform, the parent or legal guardian: (a) agrees to be bound by these Terms of Service personally and on behalf of the minor; (b) accepts full legal and financial responsibility for the minor’s use of the Platform, including all User Content (defined below) uploaded, posted, transmitted, or otherwise made available by the minor; (c) agrees to supervise the minor’s use of the Platform; (d) consents to BSeen’s collection, use, and disclosure of information related to the minor as described in these Terms of Service and BSeen’s Privacy Policy; and (e) agrees to indemnify, defend, and hold BSeen harmless as set forth in the Indemnity section below with respect to all acts and omissions of the minor.

BSeen reserves the right, at its sole discretion, to require verification of parental or guardian consent at any time, and to suspend or terminate the account of any minor for whom such verification cannot be obtained. BSeen is not responsible for verifying the age of any user or the identity or authority of any person claiming to act as a parent or legal guardian.

ROLE OF BSEEN – INTERMEDIARY ONLY

BSeen is a technology platform that provides athletes with tools to upload competition videos, performance data, and other content, and to make that content discoverable by college coaches, university recruiters, and other users of the Platform. BSeen acts solely as an intermediary connecting users with one another. BSeen is not a recruiter, scout, agent, talent agency, employer, educational institution, or athletic program.

BSeen is not affiliated with, endorsed by, or sponsored by the National Collegiate Athletic Association (NCAA), the National Association of Intercollegiate Athletics (NAIA), the National Junior College Athletic Association (NJCAA), USA Gymnastics, any conference, any college or university, any high school, any club, or any other school athletic program, governing body, or athletic organization, except to the extent expressly stated in writing by BSeen. References to such organizations, programs, schools, or events on the Platform are for descriptive and informational purposes only.

BSeen does not employ, endorse, vet, screen, evaluate, rank, recommend, or guarantee any athlete, coach, recruiter, school, program, or other user of the Platform. Any communication, relationship, agreement, recruitment process, evaluation, scholarship offer, commitment, contract, or other interaction between users of the Platform is solely between those users. BSeen is not a party to and has no responsibility or liability for any such communication, relationship, or interaction.

NO GUARANTEE OF RESULTS, SCHOLARSHIPS, OR OUTCOMES

You expressly acknowledge and agree that use of the Platform does not guarantee any particular result or outcome of any kind. Without limiting the foregoing, BSeen makes no representation, warranty, or promise that you will: (a) be discovered, contacted, recruited, evaluated, or considered by any college coach, university recruiter, scout, athletic program, or any other person or entity; (b) receive any scholarship, financial aid, grant-in-aid, roster spot, walk-on opportunity, recruitment offer, letter of intent, admission, employment, sponsorship, endorsement, or other opportunity of any kind; (c) achieve any specific level of exposure, visibility, profile views, follower count, engagement, or audience reach; or (d) achieve any specific athletic, academic, financial, professional, or personal outcome.

Recruiting decisions, scholarship determinations, admissions decisions, roster decisions, and all similar decisions are made entirely by the relevant schools, programs, coaches, and other third parties in their sole discretion, based on factors that are outside BSeen’s control and unrelated to BSeen. You assume all risks associated with use of the Platform, including the risk that no recruiter, coach, or program will view your content or contact you.

NO EXPECTATION OF PRIVACY IN USER CONTENT

The Platform is, by design, a public discovery tool intended to make athlete content visible to college coaches, university recruiters, and other users. You acknowledge and agree that you have no expectation of privacy in any content you upload, post, transmit, share, or otherwise make available on or through the Platform, including without limitation videos, images, audio, performance data, scoring information, statistics, biographical information, profile information, comments, messages, tags, captions, and any associated metadata (collectively, “User Content”).

User Content may be viewed, accessed, downloaded, copied, shared, redistributed, screenshotted, recorded, indexed by search engines, displayed, and otherwise used by other users of the Platform, by third parties, and by the public, including in ways that BSeen cannot anticipate, control, prevent, or reverse. Once User Content is uploaded or transmitted, BSeen cannot and does not guarantee the deletion, removal, or non-use of such User Content. You upload and share User Content entirely at your own risk.

You should not upload or transmit any content that you wish to keep private or confidential. Information about BSeen’s collection, use, and disclosure of personal information is described in the BSeen Privacy Policy. To the extent there is any inconsistency between these Terms of Service and the Privacy Policy, these Terms of Service shall govern.

USER CONTENT AND SUBMISSIONS

The Platform contains functionality and interactive areas (“Public Areas”) that allow users to post, upload, transmit, and share User Content, including comments, videos, images, scores, performance metrics, profile data, messages, and other materials. Users may also share User Content via third-party social media platforms (“Social Media Platforms”) integrated with or linked from the Platform.

You are solely and exclusively responsible for all User Content you upload, post, transmit, or otherwise make available on or through the Platform, and for the consequences of doing so. BSeen does not pre-screen, monitor, endorse, verify, or vouch for any User Content, and BSeen has no obligation to do so. Any reliance on User Content is at your own risk.

You agree that you will not post, upload, or transmit any User Content that infringes or violates the rights of any party, including without limitation copyright, trademark, trade secret, right of publicity, right of privacy, or any other intellectual property, contractual, or proprietary right. By submitting User Content, you agree to comply with these Terms of Service and any other applicable BSeen policies.

BSeen reserves the right, but has no obligation, to remove, modify, restrict access to, or refuse to display any User Content for any reason or no reason, at any time, without prior notice and at BSeen’s sole discretion, including User Content that BSeen believes violates these Terms of Service or its other policies, or that BSeen otherwise finds objectionable. By submitting any User Content, you further agree that such submission is non-confidential for all purposes and that BSeen has no obligation to keep it private or confidential.

BSeen is not responsible for the operation, terms of use, or policies of any Social Media Platform. Before using any Social Media Platform, you should review its terms of use and policies, including its privacy policy.

USER SUBMISSIONS – IMAGE, VIDEO, AND AUDIO FILES

You agree to only upload, post, or transmit photos, videos, audio, and other media on the Platform or any associated Social Media Platform that (a) you have created yourself or that you have all necessary rights, licenses, consents, releases, and permissions to transmit and license, and (b) do not violate the trademark, copyright, privacy, publicity, or any other rights of any other person or entity.

By uploading any media on the Platform or any associated Social Media Platform, you warrant that you have permission from all persons appearing in your media (or, if a person appearing in the media is a minor, from that minor’s parent or legal guardian) to make such contribution and to grant the rights described herein. You shall never post a photo, video, or audio recording of or with another person unless you have that person’s explicit permission and, where applicable, the permission of that person’s parent or legal guardian.

It is strictly prohibited to upload media of any kind that contains expressions of hate, harassment, abuse, threats, offensive images or conduct, obscenity, pornography, sexually explicit content, nudity, content involving the sexualization or exploitation of minors, or any other material that could give rise to civil or criminal liability under applicable law or regulations, or that otherwise may be in conflict with these Terms of Service or the Privacy Policy.

You agree that you will not upload any material that contains software viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, telecommunications equipment, or the Platform.

By uploading any media on the Platform or any associated Social Media Platform, including photos, videos, and audio: (a) you grant to BSeen a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and fully sublicensable right and license to use, host, store, cache, copy, print, publicly display, publicly perform, reproduce, modify, adapt, translate, publish, post, transmit, stream, broadcast, create derivative works from, and distribute the media and any material included in the media, in any and all media, formats, and channels now known or hereafter developed, for any purpose, including without limitation the operation, promotion, marketing, and improvement of the Platform; (b) you certify that any person pictured, depicted, or audible in the submitted media (or, if such person is a minor, his or her parent or legal guardian) authorizes BSeen to exercise the rights described in clause (a); and (c) you agree to indemnify, defend, and hold harmless BSeen and its members, managers, affiliates, directors, officers, employees, agents, licensors, and suppliers from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to the media and/or your failure to comply with these Terms of Service.

BSeen reserves the right, but has no obligation, to review any media before or after submission to the Platform and to remove any media for any reason, at any time, without prior notice, at BSeen’s sole discretion.

USER CONDUCT AND PROHIBITED ACTIVITIES

If you use, post, or upload User Content on a Public Area or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on Social Media Platforms. BSeen and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Platform, you agree that the following actions shall constitute a material breach of these Terms of Service:

• Using the Platform for any purpose in violation of any local, state, national, or international law or regulation, or any rule of any athletic governing body (including but not limited to NCAA, NAIA, NJCAA, or state high school athletic association rules), to the extent applicable to you;
• Posting User Content that infringes the intellectual property rights of others, including copyright, trademark, trade secret, or right of publicity;
• Posting User Content that violates the privacy or publicity rights of others, including posting images, videos, or personally identifiable information of any person without their consent (and, where the person is a minor, without the consent of that minor’s parent or legal guardian);
• Posting User Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, sexually explicit, or embarrassing to any other person or entity, as determined by BSeen in its sole discretion;
• Posting User Content that depicts, encourages, or facilitates the sexualization, exploitation, abuse, or endangerment of any minor;
• Posting advertisements, solicitations of business, or commercial offers without BSeen’s prior written consent;
• Posting chain letters, pyramid schemes, or other deceptive content;
• Impersonating another person, misrepresenting your affiliation with any person or entity, or falsely claiming to be a coach, recruiter, scout, athlete, parent, or representative of any school or program;
• Submitting false, misleading, manipulated, or fraudulent competition videos, scores, statistics, performance data, achievements, eligibility information, or biographical information;
• Distributing viruses, malware, or other harmful computer code, or attempting to interfere with, disrupt, probe, scan, hack, or compromise the security or integrity of the Platform;
• Harvesting, scraping, crawling, or otherwise collecting information about other users, including names, contact information, images, or video, without their express consent and without BSeen’s prior written consent;
• Allowing any other person or entity to use your account credentials or to post under your identity;
• Posting the same content repeatedly, spamming, or otherwise engaging in conduct intended to artificially inflate visibility or engagement metrics; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in BSeen’s judgment, exposes BSeen or any of its users, customers, or suppliers to any liability or detriment of any type.

BSeen reserves the right (but is not obligated) to do any or all of the following:

• Remove communications or User Content that are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms of Service;
• Suspend or terminate a user’s access to any or all Public Areas and/or the Platform upon any breach of these Terms of Service or for any other reason in BSeen’s sole discretion;
• Monitor, edit, restrict access to, or disclose any communication or User Content in the Public Areas or on a Social Media Platform; or
• Edit or delete any communication(s) posted on the Platform, regardless of whether such communication(s) violate these Terms of Service.

BSeen and its licensors have no liability or responsibility to users of the Platform or any other person or entity for performance or nonperformance of the foregoing activities.

USE OF BSEEN CONTENT

The content posted on the Platform by BSeen, including text, graphics, images, logos, software, and other materials created by or for BSeen (collectively, “BSeen Content”), is protected by copyright, trademark, and other laws of the United States and foreign countries. BSeen authorizes you to view and use the BSeen Content solely for your personal, non-commercial use of the Platform. Title to the BSeen Content remains with BSeen or its licensors. Any use of the BSeen Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

BSeen Content and other features are subject to change, suspension, or termination without notice in the sole discretion of BSeen. All rights not expressly granted herein are reserved to BSeen and its licensors. If you violate any of these Terms of Service, your permission to use the BSeen Content automatically terminates, and you must immediately cease use of the BSeen Content.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE PLATFORM AND THE BSEEN CONTENT IS AT YOUR SOLE RISK.

When using the Platform, information will be transmitted over a medium that may be beyond the control and jurisdiction of BSeen. Accordingly, BSeen assumes no liability for or relating to the delay, failure, interruption, loss, alteration, or corruption of any data or other information transmitted in connection with use of the Platform.

THE PLATFORM, THE BSEEN CONTENT, AND ALL USER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BSEEN, ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

Without limiting the foregoing, BSeen, its members, managers, affiliates, officers, directors, employees, agents, licensors, and suppliers make no representation or warranty about, and expressly disclaim all liability with respect to:

• The accuracy, reliability, completeness, currentness, authenticity, or timeliness of any User Content, BSeen Content, software, links, or communications provided on or through the Platform;
• The identity, qualifications, eligibility, intentions, character, or trustworthiness of any user, including any person claiming to be an athlete, coach, recruiter, scout, parent, guardian, or representative of any school or program;
• Whether any user will be discovered, recruited, contacted, evaluated, offered a scholarship or roster position, admitted to any school or program, or receive any other opportunity of any kind;
• The availability, uptime, security, or error-free operation of the Platform; or
• The compliance of the Platform or any User Content with the rules, bylaws, or regulations of the NCAA, NAIA, NJCAA, any state or national high school athletic association, USA Gymnastics, or any other athletic governing body or educational institution.

No advice or information, whether oral or written, obtained by you from BSeen or through the Platform shall create any warranty not expressly stated in these Terms of Service. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in such jurisdictions, the foregoing exclusions and disclaimers apply to the maximum extent permitted by applicable law.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BSEEN, ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON OR LINKED FROM THE PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, LOST OPPORTUNITIES (INCLUDING LOST SCHOLARSHIP, RECRUITMENT, OR ROSTER OPPORTUNITIES), BUSINESS INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, ARISING OUT OF OR RELATING TO (A) THESE TERMS OF SERVICE, (B) THE PLATFORM, (C) ANY BSEEN CONTENT OR USER CONTENT, (D) THE CONDUCT OR COMMUNICATIONS OF ANY USER OR THIRD PARTY (INCLUDING ANY ATHLETE, COACH, RECRUITER, OR PROGRAM), OR (E) ANY INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BSEEN OR ANY OF THE FOREGOING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BSEEN AND ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM, SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT, IF ANY, THAT YOU HAVE PAID TO BSEEN FOR USE OF THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).

BSeen, its members, managers, affiliates, officers, directors, employees, agents, licensors, suppliers, and any third parties mentioned on the Platform are not liable for any personal injury, including death, caused by your use or misuse of the Platform, the BSeen Content, the User Content, or the Public Areas. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in such jurisdictions, liability is limited to the fullest extent permitted by applicable law.

You acknowledge and agree that the disclaimers of warranties and limitations of liability set forth in these Terms of Service reflect a reasonable and fair allocation of risk between you and BSeen, and that BSeen would not be able to provide the Platform on an economically reasonable basis without such disclaimers and limitations.

ASSUMPTION OF RISK AND RELEASE

You acknowledge that interactions on or arising from the Platform, including communications and meetings between athletes, parents, coaches, recruiters, and other users, carry inherent risks. BSeen does not conduct background checks, screening, identity verification, or eligibility verification on users, and does not vouch for the safety, character, qualifications, or intentions of any user. You are solely responsible for evaluating any other user with whom you communicate or interact, and for taking appropriate precautions, including involving a parent or legal guardian for any minor.

You hereby release, waive, and forever discharge BSeen and its members, managers, affiliates, officers, directors, employees, agents, licensors, and suppliers from any and all claims, demands, damages, losses, liabilities, and causes of action of any kind, whether known or unknown, arising out of or relating to (a) the conduct, communications, or content of any other user or third party, (b) any in-person or online meeting, communication, or interaction with any other user, and (c) any decision made by any school, program, coach, recruiter, or other third party regarding recruitment, scholarships, admissions, roster spots, or any other matter.

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES

BSeen may provide links to, or display content from, third-party websites, applications, or services. BSeen does not recommend or endorse the content of any third-party websites, applications, or services. BSeen is not responsible for the content of linked third-party sites, sites framed within the Platform, third-party sites provided as search results, third-party advertisements, or third-party content embedded in the Platform, and does not make any representations regarding their content or accuracy. Your use of third-party websites, applications, and services is at your own risk and subject to the terms and conditions of use for such sites, applications, and services. BSeen does not endorse any product, service, school, program, coach, or recruiter advertised or referenced on the Platform.

INDEMNITY

You agree to defend, indemnify, and hold harmless BSeen and its members, managers, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, judgments, settlements, costs, and expenses, including without limitation reasonable attorneys’ fees and accounting fees, arising out of or alleged to arise out of: (a) your use of or access to the Platform; (b) any User Content you post, upload, transmit, or otherwise make available; (c) any other person’s use of or reliance on any User Content you post, upload, or transmit; (d) your violation of these Terms of Service; (e) your violation of any law, regulation, or rule of any athletic governing body; (f) your violation of any rights of another person or entity, including rights of privacy, publicity, or intellectual property; or (g) if you are a parent or legal guardian, any of the foregoing committed by your minor child. BSeen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with BSeen’s defense of such matter.

TERMINATION

BSeen may suspend, terminate, or restrict your access to the Platform, or any portion of it, at any time, with or without cause and with or without notice, in BSeen’s sole discretion. You may terminate your account at any time by following the account closure procedures available on the Platform or by contacting BSeen. Upon termination of your account or these Terms of Service for any reason, all rights granted to you hereunder will immediately cease, but the licenses you granted to BSeen with respect to User Content shall survive in accordance with these Terms of Service.

MOBILE APPLICATION LICENSE AND APP STORE TERMS

The BSeen mobile application (the “App”) is licensed, not sold, to you. Subject to your compliance with these Terms of Service, BSeen grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. You may not: (a) copy, modify, adapt, translate, or create derivative works of the App; (b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the App, except to the extent such restriction is expressly prohibited by applicable law; (c) rent, lease, lend, sell, sublicense, transfer, or redistribute the App; (d) remove or alter any proprietary notices on the App; or (e) use the App in any manner that violates these Terms of Service or applicable law. All rights not expressly granted to you are reserved by BSeen and its licensors.

You acknowledge that the App is made available through the Apple App Store and the Google Play Store (each, an “App Distributor”). The following provisions apply with respect to each App Distributor.

ADDITIONAL TERMS FOR APPLE APP STORE USERS

The following additional terms apply with respect to any version of the App that you acquire from the Apple App Store (the “Apple-Sourced App”). These terms are required by Apple Inc. (“Apple”) and incorporate the obligations of B Seen LLC (in this section, the “Licensor”) under Apple’s Instructions for Minimum Terms of Developer’s End-User License Agreement.

• Acknowledgement. You and Licensor acknowledge that these Terms of Service are concluded between you and Licensor only, and not with Apple, and that Apple is not responsible for the Apple-Sourced App or its content. Licensor, not Apple, is solely responsible for the Apple-Sourced App and the content thereof. These Terms of Service may not provide for usage rules for the Apple-Sourced App that conflict with the Apple Media Services Terms and Conditions in effect as of the date you accept these Terms of Service.
• Scope of License. The license granted to you for the Apple-Sourced App is limited to a non-transferable license to use the Apple-Sourced App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Apple-Sourced App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and Support. Licensor is solely responsible for providing any maintenance and support services with respect to the Apple-Sourced App, as specified in these Terms of Service or as required under applicable law. You and Licensor acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced App.
• Warranty. Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple-Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced App to you (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility.
• Product Claims. You and Licensor acknowledge that Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Sourced App or your possession and/or use of the Apple-Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit, HomeKit, or similar frameworks (if any).
• Intellectual Property Rights. You and Licensor acknowledge that, in the event of any third-party claim that the Apple-Sourced App or your possession and use of the Apple-Sourced App infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Name and Address. The licensor of the App for purposes of the Apple-Sourced App is B Seen LLC, an Indiana limited liability company. Any questions, complaints, or claims with respect to the Apple-Sourced App should be directed to B Seen LLC at the contact information made available on the Platform.
• Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Apple-Sourced App (for example, your wireless data service agreement).
• Third Party Beneficiary. You and Licensor acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service as they relate to your license of the Apple-Sourced App, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary.

ADDITIONAL TERMS FOR GOOGLE PLAY USERS

The following additional terms apply with respect to any version of the App that you acquire from the Google Play Store (the “Google-Sourced App”):

• You acknowledge that Google, Inc. (“Google”) is not a party to these Terms of Service and has no obligations whatsoever with respect to the Google-Sourced App. B Seen LLC, not Google, is solely responsible for the Google-Sourced App.
• Your use of the Google-Sourced App must comply with Google’s then-current Google Play Terms of Service and Google Play Developer Distribution Agreement.
• Google is only a provider of the Google Play Store where you obtained the Google-Sourced App; Google is not responsible for the Google-Sourced App or for these Terms of Service. As between BSeen and Google, BSeen, not Google, is solely responsible for the Google-Sourced App.
• Google has no obligation or liability to you with respect to the Google-Sourced App or these Terms of Service.
• You acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of these Terms of Service as they relate to your license of the Google-Sourced App.

ZERO TOLERANCE FOR OBJECTIONABLE CONTENT AND ABUSIVE USERS

BSeen has zero tolerance for objectionable content and abusive users. “Objectionable Content” includes, without limitation, any User Content that is unlawful; threatening; harassing; bullying; abusive; defamatory; obscene; pornographic; sexually explicit; that depicts, encourages, or facilitates the sexualization, exploitation, abuse, or endangerment of minors; that promotes violence, hatred, or discrimination based on race, ethnicity, national origin, religion, disability, sex, gender, gender identity, sexual orientation, age, or any other protected characteristic; that infringes the intellectual property, privacy, or publicity rights of any person; that is fraudulent, deceptive, or misleading (including falsified competition videos, scores, or eligibility information); or that otherwise violates these Terms of Service, BSeen’s community guidelines, the Apple App Store Review Guidelines, or the Google Play Developer Program Policies.

You agree that you will not upload, post, transmit, or otherwise make available any Objectionable Content on or through the Platform, and you agree not to engage in abusive behavior toward other users. By accessing or using the Platform, you affirmatively agree to these Terms of Service and to BSeen’s prohibition of Objectionable Content and abusive users. You may not upload User Content until you have accepted these Terms of Service.

BSeen provides the following safeguards within the App, which you may use at any time:

• In-App Reporting. You may flag and report any User Content or any other user that you believe contains or is engaging in Objectionable Content or abusive behavior, by using the in-app reporting tools made available within the App.
• In-App Blocking. You may block any other user, which will prevent that user from contacting you or, where technically feasible, viewing your User Content within the App.
• Account Deletion. You may delete your account and request removal of your User Content at any time, subject to the surviving licenses set forth in these Terms of Service and to legal retention obligations.

BSeen will review reports of Objectionable Content and abusive users and will act on credible reports within twenty-four (24) hours of receipt by, as appropriate in BSeen’s sole discretion, removing the offending User Content and/or suspending or terminating the account of the user who provided the offending content or engaged in the abusive behavior. BSeen reserves the right to take such other action as it deems appropriate, including reporting unlawful content or conduct to law enforcement. BSeen’s response to a particular report does not waive any of BSeen’s rights, and BSeen has no obligation to take action on any report it determines, in its sole discretion, not to be credible or actionable.

GENERAL

BSeen is based in the State of Indiana, in the United States of America. BSeen makes no claims that the Platform or the BSeen Content is appropriate or available for use outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Service for any reason whatsoever: Role of BSeen – Intermediary Only; No Guarantee of Results, Scholarships, or Outcomes; No Expectation of Privacy in User Content; User Submissions – Image, Video, and Audio Files (including the licenses granted therein); Use of BSeen Content; Mobile Application License and App Store Terms; Additional Terms for Apple App Store Users (including the third-party beneficiary provisions in favor of Apple); Additional Terms for Google Play Users (including the third-party beneficiary provisions in favor of Google); Disclaimer of Warranties; Limitation of Liability; Assumption of Risk and Release; Indemnity; Jurisdiction and Governing Law; and Complete Agreement.

JURISDICTION AND GOVERNING LAW

You expressly agree that exclusive jurisdiction and venue for any dispute with BSeen, or in any way relating to your use of the Platform, resides in the state and federal courts located in Indiana, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving BSeen or its members, managers, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Service are governed by the internal substantive laws of the State of Indiana, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. If any provision of these Terms of Service is found to be invalid or unenforceable by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

CHANGES TO THESE TERMS OF SERVICE

BSeen reserves the right, at its sole discretion, to modify, amend, or replace these Terms of Service at any time. If a revision is material, BSeen will provide notice through the Platform or by other reasonable means prior to the revised terms taking effect. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised Terms of Service. If you do not agree to the revised Terms of Service, you must stop using the Platform.

COMPLETE AGREEMENT

Except as expressly provided in a particular “legal notice” on the Platform, these Terms of Service and the BSeen Privacy Policy constitute the entire agreement between you and BSeen with respect to the use of the Platform and the BSeen Content, and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and BSeen with respect to such subject matter.

CONTACT

Questions or comments regarding the Platform or these Terms of Service, including reports of non-functioning links or alleged violations of these Terms of Service, should be submitted to B Seen LLC through the contact information made available on the Platform.

Thank you for using BSeen.