1. Welcome to BeeTheSwarm!

Welcome to BeeTheSwarm. By using the mobile app, website, or any BeeTheSwarm produced games (the “platform”) and services offered by BeeTheSwarm, (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “BeeTheSwarm,”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the platform.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the platform or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using BeeTheSwarm after a change, that means you accept the new terms.

2. About Creating an Account

You can browse some aspects of BeeTheSwarm without registering for an account. But to use most of BeeTheSwarm’s functions, you’ll need to register, choose an account name, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to info@BeeTheSwarm.com.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

3. User Conduct

You are solely responsible for all campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the platform. The following are examples of the kind of content and/or use that is illegal or prohibited by BeeTheSwarm. However, this list is not exhaustive and BeeTheSwarm reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in BeeTheSwarm's sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such campaign when BeeTheSwarm reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the platform to:

  1. establish or contribute to any campaign with the implicit or express purpose relating to any of the following:
    1. any activity that violates any law or governmental regulation;
    2. content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the platform or not);
    3. illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
    4. knives, explosives, ammunition, firearms, or other weaponry or accessories;
    5. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
    6. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
    7. the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
    8. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
    9. ransom, human trafficking or exploitation;
    10. pornography or other sexual content;
    11. offensive, graphic, perverse or sensitive content;
    12. the defense or support of anyone alleged to be involved in criminal activity;
    13. offering monetary rewards, including gift cards;
    14. transactions for the sale of items before the seller has control or possession of the item;
    15. collection of payments on behalf of merchants by payment processors or otherwise; or
    16. credit repair or debt settlement services.
  2. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of BeeTheSwarm, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose BeeTheSwarm or its users to any harm or liability of any type; or
  3. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.

4. How Campaigns Work

BeeTheSwarm provides a funding platform for good-cause campaigns. When a creator posts a campaign on BeeTheSwarm, they’re inviting other people to donate “Bees” to their cause.  Bees are earned through BeeTheSwarm gameplay or through special offers, such as inviting friends to the platform.

Users may only have one campaign open at any time.  Users can delete a campaign whenever they desire, however this will result in the loss of bees donated to that campaign as well as all associated (posted) material.

BeeTheSwarm does not guarantee that a campaign will obtain a certain amount of bee donations or any donations at all. We do not personally endorse any campaign, campaign creator, or charity, and we make no guarantee, explicit or implied, that any information provided through the platform by a user is accurate. We expressly disclaim any liability or responsibility for the success of any campaign, or the outcome of any fundraising purpose. You, as a donor, must make the final determination as to the value and appropriateness of contributing to any campaign, campaign creator, or charity.

 

5. How Funding Works

These are the terms that apply when you’re donating to a campaign:

  • BeeTheSwarm doesn’t offer “refunds.” Once a bee has been donated to a certain campaign there is no way to get that bee back.

These are the terms that apply when you’re creating a campaign:

  • Campaign creators will receive funding at certain milestones.  Here is a list of current milestones:
    • $50
    • $60
    • $70
    • $80
    • $90
    • $100
    • $120
    • $150
    • $200
    • $275
    • $375
    • $500
    • $700
    • $1000
    • $1500

·       When a funding milestone is reached, campaign creators will be contacted to obtain payout information.  This information will be verified with the organization receiving funding.

  • Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds due to payment validation and processing.
  • Campaign cash-outs will be at the discretion of BeeTheSwarm and will be considered on a case-by-case basis.

6. Stuff We Don’t Do and Aren’t Responsible For

BeeTheSwarm isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of campaigns, and we don’t endorse any content users submit to the platform. When you use the Services, you release BeeTheSwarm from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Other Websites

BeeTheSwarm may contain links to other websites. (For instance, campaign pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

8. Your Intellectual Property

BeeTheSwarm doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you launch a campaign you agree to these terms:

  • We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
  • When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
  • You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant BeeTheSwarm all the license rights outlined here).
  • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on BeeTheSwarm’s hosting of that Content.
  • You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If BeeTheSwarm or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You’re responsible for the stuff you post. All information submitted to the Platform, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
  • We’re not responsible for mistakes in your content. BeeTheSwarm will not be liable for any errors or omissions in any content.

9. BeeTheSwarm’s Intellectual Property

BeeTheSwarm’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the platform. You also agree not to change, translate, or otherwise create derivative works of the Service.

BeeTheSwarm grants you a license to reproduce content from the Services for personal use only. This license covers both BeeTheSwarm’s own protected content and user-generated content on the platform. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from BeeTheSwarm or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

10. How We Deal with Copyright Issues

We comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. BeeTheSwarm complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, please contact us @
info@beetheswarm.com

11. Deleting Your Account

Users may delete an account at any time; however by doing so, they will lose any material associated with the account (i.e. posts, comments, etc.) as well as any bees associated with their account or campaign (if applicable).  All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the platform.

12. Our Rights

BeeTheSwarm reserves these rights:

  • We can make changes to the BeeTheSwarm Platform and Services without notice or liability.
  • We have the right to decide who’s eligible to use BeeTheSwarm. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use BeeTheSwarm in that jurisdiction.
  • We have the right to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.

BeeTheSwarm is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

13. Warranty Disclaimer

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

BEETHESWARM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BEETHESWARM SHALL CREATE ANY WARRANTY.

14. Indemnification

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of BeeTheSwarm. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

15. Limitation of Liability

To the fullest extent permitted by law, in no event will BeeTheSwarm, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Platform. In no event shall BeeTheSwarm’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

16. Dispute Resolution and Governing Law

We at BeeTheSwarm encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Delaware and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that BeeTheSwarm and its Services are deemed a passive website that does not give rise to jurisdiction over BeeTheSwarm or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Delaware. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of BeeTheSwarm, shall be filed only in the state or federal courts located in State of Delaware, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

17. The Rest

These Terms and the other material referenced in them are the entire agreement between you and BeeTheSwarm with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and BeeTheSwarm with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or BeeTheSwarm to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get BeeTheSwarm’s prior written consent. BeeTheSwarm has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. BeeTheSwarm will provide you notice via email, written notice, or by conspicuously posting the notice on our Platform.