The uploading or sharing of content that violates these terms (“Prohibited Content”) may result
in the immediate suspension or termination of your account.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from
posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using
our Services (“Member Content”); and (iii) content that Reshimgathee provides on and through
our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text,
images, video, audio, or other material on our Services, including information on users’ profiles
and in direct messages between users.
3a. YOUR CONTENT
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify,
defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is
accurate, including any information submitted through other third-party sources (if applicable),
and that you will update your account information as necessary to ensure its accuracy
The content included on your individual profile should be relevant to the intended use of our
Services. You may not display any personal contact or banking information, whether in relation
to you or any other person (for example, names, home addresses or postcodes, telephone
numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to
reveal any personal information about yourself to other users, you do so at your own risk. We
encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are
comfortable sharing Your Content before you post. You acknowledge and agree that Your
Content may be viewed by other users, and, notwithstanding these Terms, other users may share
Your Content with third parties. By uploading Your Content, you represent and warrant to us that
you have all necessary rights and licenses to do so and automatically grant us a license to use
Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to
remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our
sole discretion. Furthermore, you understand agree that we have no obligation to display or
review Your Content.
3b. Member Content
While you will have access to Member Content, it is not yours and you may not copy or use
Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who
posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and you may only use Member
Content to the extent that your use is consistent with our Services’ purpose of allowing use to
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communicate with and meet one another. You may not copy the Member Content or use Member
Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the
right to terminate your account if you misuse Member Content.
3c. Our Content
Reshimgathee owns all other content on our Services.Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images,
and other intellectual property appearing on our Services is owned, controlled or licensed by us
and protected by copyright, trademark and other intellectual property law rights. All rights, title,
and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below,
and we reserve all other rights.
4.INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
We are committed to maintaining a positive and respectful community, and we do not tolerate
any inappropriate content or misconduct, whether on or off of the Services. We encourage you to
report any inappropriate Member Content or misconduct by other users.
5.PRIVACY
Privacy is important to us. We have a separate policy about it that you should read.
By using our Services, you agree that we may use your personal data in accordance with our
Privacy Policy.
6. RIGHTS RELATED TO TERMS
Reshimgathee grants you the right to use and enjoy our Services, subject to these Terms
For as long as you comply with these Terms, Reshimgathee grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access
and use our Services for purposes as intended by Reshimgathee and permitted by these Terms
and applicable laws.
7. CONTENT RELATED TO RIGHTS
You own all of the content you provide to Reshimgathee, but you also grant us the right to use
Your Content as provided in this Agreement.
By creating an account, you grant to Reshimgathee a worldwide, perpetual, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit,
publish, translate, modify, and distribute Your Content, including any information you authorize
us to access from Facebook or other third-party source (if applicable), in whole or in part, and in
any format or medium currently known or developed in the future. Reshimgathee's license to
Your Content shall be non-exclusive, except that Reshimgathee's license shall be exclusive with
respect to derivative works created through use of our Services. For example, Reshimgathee'
would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Reshimgathee can prevent the use of Your Content outside of our Services,
you authorize Reshimgathee to act on your behalf with respect to infringing uses of Your Content
taken from our Services by other users or third parties. This expressly includes the authority, but
not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown
Notices) on your behalf if Your Content is taken and used by third parties outside of our
Services. Reshimgathee is not obligated to take any action with regard to use of Your Content by
other users or third parties. Reshimgathee's license to Your Content is subject to your rights
under applicable law (for example, laws regarding personal data protection to the extent the
content contains personal information as defined by those laws).
In consideration for Reshimgathee allowing you to use our Services, you agree that we, our
affiliates, and our third-party partners may place advertising on our Services. By submitting
suggestions or feedback to Reshimgathee regarding our Services, you agree that Reshimgathee
may use and share such feedback for any purpose without compensating you.
You agree that Reshimgathee may access, preserve, and disclose your account information,
including Your Content, if required to do so by law or upon a good faith belief that such access,
preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce
these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv)
respond to your requests for customer service; or (v) protect the rights, property or personal
safety of the Company or any other person.
8d. REFUNDS
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for
partially used periods.
9. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
You can delete your account at any time by informing BMM North America by sending an email to Reshimgathee@bmmonline.com.
Reshimgathee reserves the right to investigate and, if appropriate, suspend or terminate your
account without a refund if you have violated these Terms, misused our Services, or behaved in a
way that Reshimgathee regards as inappropriate or unlawful, on or off our Services. We reserve
the right to make use of any personal, technological, legal, or other means available to enforce
the Terms, at any time without liability and without the obligation to give you prior notice,
including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by Reshimgathee for any reason, these Terms continue
and remain enforceable between you and Reshimgathee, and you will not be entitled to any
refund for purchases made.
10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
YOU UNDERSTAND THAT RESHIMGATHEE DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY,
INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. RESHIMGATHEE RESERVES
THE RIGHT TO CONDUCT—AND YOU AUTHORIZE RESHIMGATHEE TO CONDUCT—
ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX
OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC
RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE
USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY
SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY
AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT
YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER
USERS.
Though Reshimgathee strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with
other users, particularly if you decide to communicate off the Service or meet in person.
11. DISCLAIMER
Reshimgathee's Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
RESHIMGATHEE PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT
CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. RESHIMGATHEE DOES NOT
REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED,
SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL
BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON
OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE
RESHIMGATHEE MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS
AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU,
OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET
THROUGH THE SERVICES
RESHIMGATHEE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR
ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR
SERVICES NOR DOES RESHIMGATHEE TAKE ANY RESPONSIBILITY FOR THE
IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM
YOU MAY COMMUNICATION THROUGH RESHIMGATHEE. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES
IS ACCESSED AT YOUR OWN DISCRETION AND RISK. RESHIMGATHEE IS NOT
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER
SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT
LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS,
BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR
ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
Reshimgathee has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification
alleging such infringement (“DMCA Takedown Notice”) including the following:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access disabled and information
reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such
as an address, telephone number, and, if available, an electronic mail;
-
A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is
accurate and you are authorized to act on behalf of the owner of the exclusive right that
is allegedly infringed.
Any DMCA Takedown Notices should be sent to BMM North America.
Reshimgathee will terminate the accounts of repeat infringers.
13. ADS AND THIRD-PARTY CONTENT
Like many subscription-based services, there are ads on our websites.
Our Services may contain advertisements and promotions offered by third parties and links to
other websites or resources. Reshimgathee may also provide non-commercial links or references
to third parties within its content. Reshimgathee is not responsible for the availability (or lack of
availability) of any external websites or resources or their content. Furthermore, Reshimgathee is
not responsible for, and does not endorse, any products or services that may be offered by thirdparty websites or resources. If you choose to interact with the third parties made available
through our Services, such party’s terms will govern their relationship with you. Reshimgathee is
not responsible or liable for such third parties’ terms or actions.
14. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
RESHIMGATHEE, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE
PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY,
OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR
USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD
PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III)
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF
RESHIMGATHEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL RESHIMGATHEE AGGREGATE LIABILITY TO YOU FOR ALL
CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU
TO RESHIMGATHEE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14
SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH
RESPECT TO THEIR ESSENTIAL PURPOSE.
15. DISPUTE RESOLUTION
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact Reshimgathee Customer
Service first so that we can try to resolve your concerns without the need of outside assistance. If
you choose to pursue a claim against Reshimgathee, these terms will apply
15a. GOVERNING LAW
Illinois Law applies to the terms of this Contract and the venue for any lawsuits shall be Dupage County, Illinois
15b. VENUE
Any claims that are not submitted to arbitration for any reason must be litigated in Dupage County, Illinois. >All claims arising out of or relating to this Agreement, to our Services, or to
your relationship with Reshimgathee will be litigated exclusively in Dupage County, Illinois,
U.S.A. You and Reshimgathee consent to the exercise of personal jurisdiction of courts in the
State of Illinois and waive any claim that such courts constitute an inconvenient forum.
17. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you
agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy
Policy and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound
by all of the terms of this Agreement, please do not use our Services.
18. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy and any Additional Terms Upon Purchase, contain the
entire agreement between you and Reshimgathee regarding the use of our Services. The Terms
supersede all previous agreements, representations, and arrangements between us, written or
oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the
remainder of the Terms shall continue in full force and effect. The failure of the Company to
exercise or enforce any right or provision of these Terms shall not constitute a waiver of such
right or provision. You agree that your Reshimgathee account is non-transferable and all of your
rights to your account and its content terminate upon your death, unless otherwise provided by
law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but
may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not
make any representations on behalf of or bind Reshimgathee in any manner.